Abstract
The EU Law Enforcement Directive (Directive
(EU) 2016/680, LED), which governs data protection
in the police and criminal justice sectors, has a
framework for the adequacy decisions for international data transfers to third countries, territories,
and international organizations outside the EU (Art.
35 LED). The UK’s LED adequacy decision process
was initiated for the first time in 2021, and discussions may begin on Japan in the future.
This article gives an overview of the relationship
between the Judicial Police Directive and EU Member States’ law. As an example, it explains the relationship with national legislation in Germany and describes the supervisory authorities’ powers. This is
because it is necessary to observe the Member State
Law’s implementation regarding the “essentially
equivalent” level for LED. Moreover, it overviews
the requirements for international data transfers, introduces criticisms of the lack of LED adequacy decisions, and confirms the recommendations of the
European Data Protection Board (EDPB) (2021/01
Recommendation). Based on the above analysis, I
would like to comment on the necessity of action in
Japan.
