August 08
2020
Anjum Shabbir
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28th July 2020
Data, Tech & IP Justice & Litigation

European Data Protection Supervisor’s Opinion on Data Protection, Money Laundering and Terrorism Financing

An Opinion published a few days ago by the European Data Protection Supervisor (EDPS) expresses views on selected measures of the Commission’s Action Plan of 7 May 2020 for an EU policy on money laundering and terrorism financing, calling for a balance between crime prevention as an objective of general interest and data protection and other fundamental rights (such as Articles 7 and 8 of the Charter, and taking into account the Court of Justice’s ruling in Digital Rights Ireland). Specifically, the Opinion suggests that:

  • data protection should be a gold standard in compliance processes;
  • new governance mechanisms should include a clear legal basis for data processing, access and sharing;
  • appropriate safeguards be included in future legislation (on which the EDPS expects to be consulted) to ensure compliance with, inter alia, data minimisation, purpose limitation and design-by-default principles;
  • Public-Private Partnerships could be considered for joint efforts in law enforcement, on the condition that there is a sound legal basis that is compliant with data protection law – which at present the EDPS considers could pose a high risk to an individual’s data protection and privacy rights;
  • data protection principles should be promoted when agreeing on international standards at the Financial Action Task Force.

Read the Opinion in full here.

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