Transferências de dados pessoais entre os Estados Unidos da América e a União Europeia para efeitos de prevenção, investigação, deteção e repressão de infrações penais ou da execução de sanções penais

  • Ana Catarina Marques Pereira (Student)

Student thesis: Master's Thesis

Abstract

We reviewed the North American and European legislative paradigm after the events of September 11, 2001. We conclude that the legislative strategies adopted have invariably resulted in a total imbalance between the security vector and the vector of citizens' privacy, to the detriment of the issue of citizens' privacy in so far as there has been a debaurest dismay of the private life not only of US citizens but also of European citizens, the result of cooperation between the US and the EU. We studied in detail the events that went public in 2013 involving the NSA's massive, large-scale surveillance of telephone communications and metadata in EU Member States, which led to changes in the legislative paradigm, which forced both the US and the EU to balance the security vector and privacy vector through legislative instruments such as Directive 2016/68 (among others). We noted legislative developments in 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, the path taken since Council Framework Decision 2008/977/JA to Directive 2016/680. We also specify those that, in our opinion, are the main weaknesses of both pieces. We carried out a detailed study of the institute for personal data transfers found in Articles 35 to 38 of Directive 2016/680, followed by a critical examination of the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offences ("Umbrella Agreement"). We conclude our analysis by listing the main criticisms and issues related to personal data transfers for the purpose of prevention, investigation, detection and prosecution of criminal offences or the execution of criminal sanctions.
Date of Award29 Mar 2021
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorPedro Freitas (Supervisor)

Keywords

  • Terrorism
  • Mass surveillance
  • Data protection
  • Criminal offenses

Designation

  • Mestrado em Direito

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