CHALLENGES OF THE PROTECTION OF PERSONAL DATA IN THE EUROPEAN CRIMINAL FIELD

Technological evolution and globalization have posed new challenges in the protection of personal data, especially for the prevention, investigation and prosecution of crimes. Directive (EU) 2016/680 and its internal transposition by LO 7/2021 promote technological collaboration between authorities to combat terrorism and prevent crime, facilitating the free circulation of personal data and guaranteeing its protection. Before the Directive, legislative diversity made judicial and police cooperation difficult, which has now been overcome, although new challenges arise. The current Directive harmonizes data protection rules in the EU, although with a lower threshold than the GDPR and excludes national security and foreign policy activities from its scope. Despite its limitations, the current legal framework represents a crucial effort to balance public security and data protection. Its effectiveness will depend on the different national implementations and the actions of the national courts and the CJEU itself.