Public consultation on the so-called Police Directive (Directive 2016/680)
The European Commission is conducting a second evaluation of the application and functioning of Directive 2016/680 (the so-called ‘Police Directive’), assessing its implementation and practical operation in the Member States. In connection with this ongoing analysis and assessment of the application of these regulations, the Commission invites interested individuals and organisations to take part in a public consultation. The President of the Personal Data Protection Office therefore encourages you to submit comments and share your experiences regarding the application of the Directive. The deadline for submissions is 14 September 2026.
Practical experience in applying the directive
In accordance with Article 62 of Directive 2016/680, the European Commission is required to carry out a periodic evaluation of its implementation and functioning. Public authorities involved in the implementation and practical application of the directive and in the supervision of these processes, including those responsible for crime prevention, conducting preliminary investigations, detecting and prosecuting criminal offences, and enforcing penalties, can make a particularly significant contribution. The Commission also highlights the importance of the views of those working in law enforcement and the judiciary, representatives of the academic community, and organisations specialising in data protection and privacy.
Input from those who apply the directive in practice can make a significant contribution to assessing its operation and enable the Commission to take account of the experience gained in applying its provisions in the Member States. The aim of the consultation is to provide as reliable an overview as possible of the application and operation of the directive and to assess whether it remains fit for purpose.
Poland is the subject of proceedings by the European Commission
The significance of this evaluation is also particularly important in the Polish context. The European Commission has launched infringement proceedings against Poland concerning the incorrect transposition of Directive 2016/680, in particular with regard to the provisions on the exercise of data subjects’ rights, as we reported in July. The Commission has issued a letter of formal notice to Poland in this matter and expects a response within two months. Further details can be found in the press release: https://uodo.gov.pl/en/553/2226
The contribution of the European Data Protection Board and the Personal Data Protection Office
As part of its previous work on evaluating the application of the Directive, the European Data Protection Board (EDPB) gathered information from European data protection authorities regarding the application and functioning of its provisions. The EDPB adopted a report supporting the European Commission’s evaluation of the Directive. Both the EDPB report and the contributions from national data protection authorities, including that of the Personal Data Protection Office, are available on the EDPB’s website. https://www.edpb.europa.eu/documents/other-policy-document/contribution-of-the-edpb-to-the-european-commissions-evaluation-of_pl
How can I take part in the consultation?
Comments may be submitted to the European Commission by 14 September 2026 via the European Commission’s portal, which enables participation in the EU legislative process at various stages, including the evaluation of the functioning of existing legislation. Comments may be submitted in all 24 official languages of the European Union.
Detailed information about the European Commission’s initiative and the opportunity to submit comments can be found at: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/18372-Data-protection-law-enforcement-application-and-functioning-of-EU-rules_en