4 ms·

GDPR article 2.2-2.3 does define some exceptions. National law enforcement agencies etc. are subject to a similar directive (LED, https://eur-lex.europa.eu/eli/

GDPR article 2.2-2.3 does define some exceptions. National law enforcement agencies etc. are subject to a similar directive (LED, https://eur-lex.europa.eu/eli/dir/2016/680/oj https://eur-lex.europa.eu/eli/dir/2016/680/oj). Union bodies, just like in your link yet another (article 2.3), but also quite similar (Regulation (EU) 2018/1725, https://eur-lex.europa.eu/eli/reg/2018/1725/oj https://eur-lex.europa.eu/eli/reg/2018/1725/oj) Eurojust belongs to this one. It's a good thing to have EDPS, otherwise it would be much easier to legislate things nobody can comply with in practice. But for most countries, it doesn't make much sense to fine other authorities. (Unfortunately, national security services are not subject to GDPR or LED at all - the only place you can get protection from them is under national law, Charter of the Fundamental Rights, ECHR etc.)

cccbbbaaa 3y ago
> Unfortunately, national security services are not subject to GDPR or LED at all They are AFAIK, but can be exempt of articles 12 to 22 under national law. What did I miss?
- M2Ys4U 3y ago
  The EU has no legal power to legislate on issues of national security under the treaties. Article 4 of the Treaty on European Union states that "competences not conferred upon the Union in the Treaties remain with the Member States" and "[i]n particular, national security remains the sole responsibility of each Member State". Article 2(2) of the GDPR states that "This Regulation does not apply to the processing of personal data [] in the course of an activity which falls outside the scope of Union law". Article 3(3) of the LED includes similar text (with the word "Directive" replacing the word "Regulation").
  - cccbbbaaa 3y ago
    Thank you for the clarification.