Fundamental Rights and Data Protection in EU Law

DataProtFundRights: Protecting Rights – Fundamental Rights and Data Protection in EU Law

The project was implemented by EIPA Luxembourg – European Centre for Judges and Lawyers (ECJL) in partnership with KSSIP – Krajowa Szkola Sadownictwa I Prokuratury in Poland, NCA – Nacionaline Teismu Administracija in Lithuania, CGAE – Consejo General De La Abogacia Espanola in Spain and NRA – Naczelna Rada Adwokacka in Poland.

Objectives

The overall objective of the project was to contribute to the effective and coherent application of EU law, especially with regard to the implementation of mutual recognition instruments in the field of judicial cooperation by increasing the correct and consistent understanding of the fundamental rights environment in the EU Area of Freedom, Security and Justice.

The project seeked to achieve this objective by developing sustainable training practices addressing the needs of justice professionals across the EU by providing hands-on training on the scope and application of the Charter of Fundamental Rights of the European Union (EU Charter) and the General Data Protection Regulation from the perspective of the rights protected by these comprehensive instruments by putting them into specific contexts relevant for the judiciary.

The specific objectives of the project were:

  • to make the ever so relevant fundamental rights context more understandable, by devoting specific trainings on the scope and application of the EU Charter and the General Data Protection Regulation (GDPR), relevant for national civil and criminal law proceedings but quintessential for cross border cooperation on the basis of which mutual recognition and mutual trust can operate. The trainings went beyond the mere study of the said instruments and have approached them from a rights-based premise. This has been achieved by discussing the protection standards and placing them into the current context, where concerns are growing regarding mutual recognition and mutual trust;
  • to tackle the topic of Data Protection from the perspective of the rather complex, fluid and dynamic digital ecosystem, in which personal data is being processed, diminishing the distinction between the different data protection actors. The training series specifically addressed the challenges related to the observance of personal data rights, due to the increase in the number of actors in any given set of processing operations, the allocation of responsibility becoming increasingly obscure, and the legal status of actors becoming more difficult to identify;
  • to strengthen the principles of mutual trust and mutual recognition, by seeking answers on how to find firm grounds rights-based approach in cases of systemic deficiencies and how to operate under the principles of mutual trust and mutual recognition with a view however to the Aranyosi case law and the Deficiencies of the justice system case law;
  • to highlight the data protection rights in the context of new technological disruption, the diminishing role of the data protection actors, and therefore allocation of their responsibilities with regards to the C-40/17 – Fashion ID case law, the protection of personal data transferred outside of the Union with a view to the C-498/16 – Schrems (II) case law invalidating the EU-U.S. Privacy Shield, and the rights of the data subject to effective judicial remedy, to compensation and liability;
  • to contribute to the promotion of fundamental rights and data privacy rights, taking specifically into account the standard of protection set-outby the European Convention on Human Rights as afforded by the European Court of Human Rights

Two introductory asynchronous digital courses

Module 1

Module 2

Six advanced training activities

The Conference

Translation of seminar materials

Find a full translation of seminar materials regarding the Introductory digital learning modules and the Advanced training activities into French, Polish, Lithuanian and Spanish below.

This project is co-funded by the European Union

Contact 

EIPA Luxembourg
European Centre for Judges and Lawyers

Blanka Opletalova

Tel: +352 426 230 305
Mail: b.opletalova@eipa.eu

Project partners:

 

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