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Directive (EU) 2016/680

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Directive 2016/680
European Union directive
Titleon the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA
Made byEuropean Parliament & Council
Journal reference{{{OJref}}}
History
Date made27 April 2016
Preparative texts
Reports 
Other legislation
ReplacesCouncil Framework Decision 2008/977/JHA
Amends
Replaced by
Current legislation

The Directive (EU) 2016/680 on the protection of natural persons regarding processing of personal data connected with criminal offences or the execution of criminal penalties, and on the free movement of such data is a European Union directive protecting citizens' fundamental right to data protection whenever personal data is used by criminal law enforcement authorities for law enforcement purposes. It will in particular ensure that the personal data of victims, witnesses, and suspects of crime are duly protected and will facilitate cross-border cooperation in the fight against crime and terrorism.

Together with the General Data Protection Regulation, Directive (EU) 2016/680 has formed the European Union's common data protection framework since May 2018. Unlike the General Data Protection Regulation, the Directive has not been incorporated into the EEA Agreement. It is applicable in the member states of the EU, but not in Norway and Iceland. As Denmark has a special role in the Area of Freedom, Security and Justice, the Folketing's approval was necessary for applicability in Denmark. This followed on October 25, 2016. By virtue of Article 6a of Protocol No. 21 annexed to the TEU and the TFEU, the Directive was in most cases binding on the UK and Ireland even without their separate consent.

This data protection framework was joined in November 2018 by Regulation (EU) 2018/1725, which is also binding on European Union institutions and bodies.

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