La Protection Des Droits Fondamentaux, Au Cour Des Nouvelles Priorites De L’Elsj (L’Espace De Liberte, Securite Et Justice De L’Union Europeenne): L’Exemple De La Protection Des Donnees A Caractere Personnel

Facing the recent raise of mechanisms for storing and exchanging personal data between public authorities, established in Europe to ensure a wide police cooperation, notably in order to fight against terrorist issues, the personal data protection question arises. The answer of the European Union in this field seems unsatisfying. Indeed, taking into account the framework of the EU pillars construction from Maastricht, this is a fragmented system of protection, gradually built and well-know as insufficient regarding police and judicial cooperation (“third pillar”). However, this legal system is currently evolving. The first evolution factor, completely exogenous, is the European Court of Human Rights, which, notably thanks to its recent case Marper vs. The United Kingdom, becomes the officer of the European Union Area of Freedom, Security and Justice (AFSJ). The endogenous factors from the EU are as much essential, such as the Stockholm Program that defines the new priorities for five years for the AFSJ, or as the Lisbon Treaty, which, eventually, came into force, or as the scheduled EU joining to the European Convention on Human Rights.