Article 5: Time-limits for storage and review”. In Kosta, E. and Boehm, F. (eds.) The EU Law Enforcement Directive (LED)

Leiser, M.R. & Custers, B. (2024). Article 5: Time-limits for storage and review”. In Kosta, E. and Boehm, F. (eds.) The EU Law Enforcement Directive (LED): A Commentary, Oxford: Oxford University Press, p. 153-163.

Abstract

This chapter studies Article 5 of the EU Law Enforcement Directive (LED), which requires that competent authorities processing personal data for law enforcement purposes establish clear time limits for storage and review. This provision means that where a competent authority cannot specify a date for the destruction of personal data, it must determine when the competent authority will review the retention period. It is the responsibility of Member States to draft provisions in national legislation to implement time limits for storage and review. Time limits can be determined in many ways; for instance, on the various types of data subjects, the types of crimes, and the types of personal data that are processed. Since each Member State can set its time limits, these may dier by jurisdiction even when other conditions are similar or the same. The chapter then looks at interpretations regarding what each Member State considers an ‘appropriate’ time limit, how to set time limits, and what should be done in practice after the time limits come to an end. 

Keywords: Access to information, Right to privacy, Membership of international organizations, General principles of international law, Time limitations (and jurisdiction) Subject: Arbitration, International Organizations (Law), Settlement of Disputes, Private International Law and Conflict of Laws, Human Rights, Public International Law, International Criminal Law Collection: Oxford Scholarly Authorities on International Law