SCURTĂ ANALIZĂ CU PRIVIRE LA COMPATIBILITATEA DISPOZIŢIILOR REGULAMENTULUI UE PRIVIND INSTITUIREA PARCHETULUI EUROPEAN CU DISPOZIŢIILE DREPTULUI UNIUNII ŞI A CELUI INTERN ÎN DOMENIUL PROTECTIEI DATELOR CU CARACTER PERSONAL
A BRIEF ANALYSIS OF THE COMPATIBILITY OF THE PROVISIONS OF THE EU REGULATION ON THE ESTABLISHMENT OF THE EUROPEAN PUBLIC PROSECUTOR'S OFFICE WITH THE PROVISIONS OF EU AND NATIONAL LAW ON THE PROTECTION OF PERSONAL DATA

Summary/Abstract: The present study proposes an analysis of the coherence between the EPPO Regulation’s provisions on data protection and other norms on that issue applicable according to EU and internal member state’s law. The importance of such a demarche is significant for the actual time frame, situated between the moment of the adoption of the EPPO Regulation and the moment of the complete operationalisation of its activity. Though the EPPO is defined as an EU body, it has its own provisions applicable in case of the processing of operational personal data while the processing of administrative data is regulated by the GDPR. However, the problem of processing operational data has to be regarded from a multipolar, complex perspective, which includes other EU regulations and directives, such as Council of the European Union, ”Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Union Institutions, bodies, offices and agencies and on the dree movement of such data, and repealing Regulation (EC) no 45/2001 and Decision No.1247/2002/EC and the Directive (UE) 2016/680. The same issue has also to be evaluated from the perspective of the national law on the matter, which Romania failed to enact yet, but struggles to pass through parliamentary procedures a project of law for the transposition of Directive (UE) 2016/680. There are some problems identified in this analysis which could raise questions about the interoperability of the legal provisions applicable and, as a consequence, some de lege ferenda proposal have been made in order to avoid frictions between EU law and the national law that is to be definitively structured at present. Neither Romania nor the European Union fully clarify what is the ideal legislative framework for the protection of personal data in EPPO's work, and this will happen only in 2022 following evaluation reports to be drafted by the Commission. In this context, we ask ourselves the legitimate question whether the sophistication and complexity of the legal framework on personal data protection, seen in recent years as a Union priority, has created too much uncertainty compared to the solutioning of the problems it faces.

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