Wanted: Led Adequacy Decisions. How The Absence Of Any Led Adequacy Decision Is Hurting The Protection Of Fundamental Rights In A Law Enforcement Context

Since May 2018, the European Commission (Commission) has the exclusive competence not only to assess third countries for an adequacy decision authorizing the international transfer of personal data to third countries or international organizations in relation to the General Data Protection Regulation (GDPR)1 but also for law enforcement purposes under the Law Enforcement Directive (LED).2 So far, no LED adequacy decision has been adopted. The complexity and the fragmentation of data protection within a law enforcement context complicate the task of the Commission to adopt a LED adequacy decision. Moreover, in light of the fact that due to existing international law enforcement cooperation mechanisms mainly based on international agreements such as ‘Mutual Legal Assistance Treaties’ (MLATs), international data flows for law enforcement appear to continue ‘as usual’,9 the Commission seems to feel no urgency to adopt them.10 This poses the question why LED adequacy decisions were...