General approach to fundamental rights (including the right to data protection) and FRA’s role in ensuring the necessary protection Dr Mario Oetheimer.

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Presentation transcript:

General approach to fundamental rights (including the right to data protection) and FRA’s role in ensuring the necessary protection Dr Mario Oetheimer Tartu, 7 September 2017 E-volution of Data Protection (implementation of Data Protection Reform) Conference

What does FRA do?

In which areas does FRA work on? access to justice victims of crime and their compensation Roma integration judicial cooperation rights of the child Discrimination immigration and integration of migrants, visa and border control, asylum racism, xenophobia, related intolerance information society, respect for private life, and the protection of personal data In which areas does FRA work on?

How does FRA do it? Large-scale surveys

Comparative socio-legal and empirical research How does FRA do it? Comparative socio-legal and empirical research

How does FRA do it? Handbooks for legal practitioners Annual Fundamental Rights Report

Other examples of our research FRA opinion on proposed EU data protection reform package (2012) FRA opinion on the proposal for a Passenger Name Record (PNR) Directive (2011) FRA report on Fundamental rights and the interoperability of EU information systems: borders and security (2017) FRA report on Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU (2015, updated version to be published on October 2017)

FRA’s data protection policy-relevant research

A tool to raise awareness

Independence of Data Protection Authorities Effective redress mechanisms

Independence of DPAs Institutional independence of DPAs as data protection actors Transparency is crucial for public trust Adequate financial resources and expertise

Effective redress mechanisms Complex remedial routes Lack of DPAs power to award compensation Advice, legal assistance and representation by civil society organisations

Chapter VI GDPR: Independent supervisory authorities Are we there yet? Chapter VI GDPR: Independent supervisory authorities Will we be ready and effective in May 2018?

Chapter VIII GDPR: Remedies, liability and penalties Are we there yet? Chapter VIII GDPR: Remedies, liability and penalties We have the legal framework, but can we exercise our rights in practice?

Thank you for your attention! Dr Mario Oetheimer @MOetheimerFRA Mario.Oetheimer@fra.europa.eu