Activities of Dimitrios DROUTSAS related to 2012/0010(COD)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data PDF (890 KB) DOC (1 MB)
Amendments (3)
Amendment 350 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Further processing 1. Member States shall provide that personal data may only be further processed for another purpose set out in Article 1(1) which is not compatible with the purposes for which the data were initially collected if and to the extent that such further processing is necessary and proportionate in a democratic society and specifically required by Union or national law. Prior to any processing, the Member State shall consult the data protection supervisor and conduct a data protection impact assessment. 2. In addition to the requirements set out in Article 7(1a), Union or national law authorising further processing as referred to in paragraph 1 shall contain explicit and detailed provisions specifying at least as to: (a) the specific purposes and means of that particular processing; (b) that access is allowed only by the duly authorised staff of the competent authorities in the performance of their tasks where in a specific case there are reasonable grounds for believing that the processing of the personal data will contribute substantially to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; and (c) that appropriate safeguards are established to ensure the protection of fundamental rights and freedoms in relation to the processing of personal data. Member States may require that access to the personal data is subject to additional conditions such as judicial authorisation, in accordance with their national law. 3. Member States may also allow further processing for historical, statistical or scientific purposes provided that they establish appropriate safeguards, such as making the data anonymous.
Amendment 351 #
Proposal for a directive
Article 7 b (new)
Article 7 b (new)
Article 7b Different categories of data subjects 1. Member States shall provide that the competent authorities, for the purposes referred to in Article 1(1), may only process personal data of the following different categories of data subjects: (a) persons with regard to whom there are reasonable grounds for believing that they have committed or are about to commit a criminal offence; (b) persons convicted of a crime; (c) victims of a criminal offence, or persons with regard to whom certain facts give reasons for believing that he or she could be the victim of a criminal offence; (d) third parties to the criminal offence, such as persons who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, or a person who can provide information on criminal offences, or a contact or associate to one of the persons mentioned in (a) and (b). 2. Personal data of other data subjects than those referred to under paragraph 1 may only be processed: (a) as long as necessary for the investigation or prosecution of a specific criminal offence in order to assess the relevance of the data for one of the categories indicated in paragraph 1; or (b) when such processing is indispensable for targeted, preventive purposes or for the purposes of criminal analysis, if and as long as this purpose is legitimate, well- defined and specific and the processing is strictly limited to assess the relevance of the date for one of the categories indicated in paragraph 1. This is the subject to regular review at least every six months, any further use is prohibited. 3. Member States shall provide that additional limitations and safeguards, according to national law, apply to the further processing of personal data relating to data subjects referred to in paragraph 1(c) and (d).
Amendment 649 #
Proposal for a directive
Article 46 a (new)
Article 46 a (new)
Article 46a 1. Member States shall ensure that each supervisory authority shall have the investigative power to obtain from the controller or the processor access to any of its premises, including to any data processing equipment and means. 2. Member States shall ensure that each supervisory authority shall be provided with any information and all documents necessary for the exercise of their investigative powers. No secrecy requirements may be opposed to the requests of the supervisory authorities, except for the professional secrecy requirement referred to in Article 43. 3. Member States may provide that additional security screening in line with national law is required for access to information classified at a level similar to EU CONFIDENTIAL or higher. If no additional security screening is required under the law of the Member State of the supervisory authority, this must be recognized by all other Member States.