Wanted: LED adequacy decisions. How the absence of any LED adequacy decision is hurting the protection of fundamental rights in a law enforcement context

Abstract

Since May 2018, the European Commission (Commission) has the exclusive competence not only to assess third countries for an adequacy decision authorizing the international transfer of personal data to third countries or international organizations in relation to the General Data Protection Regulation (GDPR) but also for law enforcement purposes under the Law Enforcement Directive (LED). So far, no LED adequacy decision has been adopted.The regulation of international personal data transfers to third countries or international organizations in a law enforcement context in the European Union (EU) is complex. This is partly due to the fact that already the EU treaties concede that data protection for law Key Points