TILT seminar: Dr Xavier Tracol (Eurojust)
The Joined Cases of Dwyer, SpaceNet and VD and SR before the Court of Justice of the EU: the judgments of the Grand Chamber about data retention continue falling on deaf ears in Member States.
On 5 April and 20 September 2022, the Grand Chamber of the European Court of Justice rendered three judgments in the cases of Dwyer, SpaceNet and VD and SR. It mainly reiterated its own applicable case law on the retention of and access to traffic and location data. In the VD and SR judgment, the Grand Chamber however expanded its scope to the area of market abuse.
Legislation adopted by Member States and decisions rendered by most domestic courts, tribunals and judges do not fully comply with the case law of the Grand Chamber on the retention of and access to traffic and location data. In this particular context, the EU legislature should urgently adopt EU secondary legislation on the retention of personal data to provide legal clarity to all players involved.
Speaker: Xavier Tracol
Xavier Tracol has been working as Senior Legal Officer at EUROJUST (http://www.eurojust.europa.eu/Pages/home.aspx ) since September 2008. Based in The Hague, Xavier specifically works in the Data Protection Office which involves focusing on EU privacy and personal data protection law and litigation in the specific context of investigations and prosecutions of serious crime. Xavier also participates in the Security Committee of EUROJUST.
From April 2000 to September 2008, Xavier worked as Appeals Counsel with the Office of the Prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia. He has previously been practising law as an attorney at the Bar of Paris.
Xavier lectures in EU law on the LLM programme at the University of Grenoble Alpes. He regularly chairs and speaks at both international and national conferences and seminars for legal practitioners on privacy and data protection such as ERA and EIPA. He has also been contributing to EU projects such as the European Informatics Data Exchange Framework for Courts and Evidence (http://www.evidenceproject.eu).
Xavier holds a Diploma in English Law from the University of Kent, a LLB in European Law obtained with honours, a LLM in Human Rights and Civil Liberties, a PhD in Public Law obtained with the highest academic distinction and a professional Certification for Data Protection Officers and other data protection professionals. Xavier is a member of the Professional Board of the Computer Law & Security Review and of the Editorial Advisory Board on Computer Science of Cambridge Scholars Publishing.
His publications in both English and French include chapters of books and legal articles on international criminal appeal proceedings, respect for privacy and protection of personal data. His articles on EU law and litigation in English have been published in the Computer Law & Security Review, the Common Market Law Review, the European Data Protection Law Review, Privacy Laws & Business – International Report, European Public Law, The Journal of Appellate Practice and Process and ERA Forum. Xavier has a particular interest in the case law of the Court of Justice of the EU, fundamental rights, mass surveillance including facial recognition, data retention, law enforcement, transfers of personal data to third states, personal data breaches and legal risk management.
Moderator: Prof. Eleni Kosta
Attendance is free.
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