Real Transparency and Real Oversight of Law Enforcement Data. The ECHR and the Lack of Accountability of Indirect Access Procedures

The present paper looks at the right of access to one’s data, especially in the law enforcement sector, as developed by the European Court of Human Rights (ECtHR) with regard to the right to private life (Article 8) and to effective remedies (Article 13) in the European Convention on Human Rights (ECHR). Can this right to directly access one’s data be (entirely) replaced, as happens with the practice of ‘indirect access’, by a system of independent oversight by administrative (data protection) authorities? If yes, under what conditions would such a system be rights compatible? The ECtHR has recently defined stricter requirements on effective oversight by the supervisory authorities which oversee the cases of restrictions on direct access, especially as concerns their powers to check the legality of the data processing and the restrictions on access, and to communicate the results of their checks to the concerned individuals. The paper then demonstrates that ‘indirect access’ procedures in three EU Member States – Belgium, France and Germany – are likely to be in breach of the rights provided under Articles 8 and 13 ECHR. Although these procedures are the result of an implementation of EU law (Article 17(3) Directive 2016/680), they restrict the powers of the supervising authorities both with regard to review and subsequent communication about the review to individuals.

Authors

Publication Details

Journal
Utrecht Law Review
Published
2025-01-01
DOI
https://doi.org/10.36633/ulr.905
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Real Transparency and Real Oversight of Law Enforcement Data. The ECHR and the Lack of Accountability of Indirect Access Procedures

Paul De Hert, Diana Dimitrova
Utrecht Law Review
European Criminal Justice and Data Protection
article

Real Transparency and Real Oversight of Law Enforcement Data. The ECHR and the Lack of Accountability of Indirect Access Procedures

Paul De Hert, Diana Dimitrova
article en

Abstract

The present paper looks at the right of access to one’s data, especially in the law enforcement sector, as developed by the European Court of Human Rights (ECtHR) with regard to the right to private life (Article 8) and to effective remedies (Article 13) in the European Convention on Human Rights (ECHR). Can this right to directly access one’s data be (entirely) replaced, as happens with the practice of ‘indirect access’, by a system of independent oversight by administrative (data protection) authorities? If yes, under what conditions would such a system be rights compatible? The ECtHR has recently defined stricter requirements on effective oversight by the supervisory authorities which oversee the cases of restrictions on direct access, especially as concerns their powers to check the legality of the data processing and the restrictions on access, and to communicate the results of their checks to the concerned individuals. The paper then demonstrates that ‘indirect access’ procedures in three EU Member States – Belgium, France and Germany – are likely to be in breach of the rights provided under Articles 8 and 13 ECHR. Although these procedures are the result of an implementation of EU law (Article 17(3) Directive 2016/680), they restrict the powers of the supervising authorities both with regard to review and subsequent communication about the review to individuals.

Utrecht Law ReviewVol. 21(1)
Openalex Percentile: Top 73%
European Criminal Justice and Data Protection
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Real Transparency and Real Oversight of Law Enforcement Data. The ECHR and the Lack of Accountability of Indirect Access Procedures — Paul De Hert, Diana Dimitrova · Utrecht Law Review (2025) | TGRS Research Map | TGRS