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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 on theme: "General approach to fundamental rights (including the right to data protection) and FRA’s role in ensuring the necessary protection Dr Mario Oetheimer."— Presentation transcript:

1 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

2 What does FRA do?

3 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?

4 How does FRA do it? Large-scale surveys

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

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

7 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)

8 FRA’s data protection policy-relevant research

9 A tool to raise awareness

10 Independence of Data Protection Authorities
Effective redress mechanisms

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

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

13 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?

14 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?

15 Thank you for your attention!
Dr Mario Oetheimer @MOetheimerFRA


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