Judicial Proceedings and the Law Enforcement Directive: Implementation of the Various Provisions in Practice and Challenges Faced

• Year: 2023

Speaker

Stefanie Dörnhöfer, Deputy Head of the Directorate for Data Protection at the Austrian Federal Ministry of Justice in Vienna, has played a pivotal role in her capacity as a legal expert within the Directorate for Data Protection. This Directorate is responsible for overseeing legal aspects of data protection, encompassing data protection legislation.

Throughout her tenure, Ms. Dörnhöfer actively participated in negotiations pertaining to the new European Union (EU) data protection framework. Her involvement extended notably to the DAPIX Council Working Party, where she contributed her expertise. Subsequently, she also played a crucial role in the implementation and transposition of the EU data protection framework into Austria's national laws.

Ms. Dörnhöfer's responsibilities included spearheading comprehensive amendments to the Austrian Data Protection Act. This encompassed the creation of a new chapter dedicated to transposing the EU data protection framework. Furthermore, she continuously provided guidance and counsel to other ministries regarding sector-specific implementation and transposition, particularly concerning the integration of the EU data protection framework into laws governing the police and criminal justice sector.

Topic

The e-presentation in question delves into a comprehensive examination of the Law Enforcement Directive and its implications for the realm of judicial criminal proceedings. Within this framework, the presentation conducts a meticulous analysis of the Directive's material provisions, shedding light on its intricate details and intricacies.

A particular focus of the presentation is dedicated to elucidating the rights accorded to the data subject throughout the course of criminal proceedings. This entails a thorough exploration of how the Directive safeguards the data subject's rights, ensuring that their personal data is handled in a fair, lawful, and transparent manner. This includes a closer examination of the data subject's right to information, access, rectification, and erasure, all of which play a pivotal role in upholding their fundamental rights and privacy within the criminal justice system.

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