10 Amendments of Jana TOOM related to 2016/0132(COD)
Amendment 63 #
(4a) The following recital is inserted after Recital 13a: (13ab) Authorities of Member States and the Union bodies should continue to be able to see only the data that is relevant for the performance of their specific tasks, even if the data sets are linked in a sequence.
Amendment 67 #
(5a) The following recital is inserted after recital 19: (19a) This regulation shall be applied with respect to the best interests of the child. This includes implementing the relevant provisions and child rights safeguards when applying this Regulation to a person who declares being a child or, depending on the case, a person regarding whom there are reasons to believe that they are a child and no supporting proof of age is available; in the event of uncertainty in relation to the age of the child, the authorities should accord the individual the benefit of the doubt, such that if there is a possibility that the child is under 6 years old, s/he should be treated as such.
Amendment 71 #
(6a) The following recital is inserted after recital 27: (27a) in the case of data pertaining children, the transmission, storage or comparison of data needs to pursue a child protection objective and can only happen in accordance with the obligation to give primary consideration to the best interests of the child;
Amendment 72 #
(6b) The following recital is inserted after recital 30a: (30b) No child should be detained for any reason, including to determine or verify their identity or taking of their biometrics, independent of their age and whether they are unaccompanied or accompanied by their families. Community-based, non- custodial alternatives to detention should always be implemented when children and their families are concerned.
Amendment 73 #
(6c) The following recital is inserted after recital 57: (57a new) The European Parliament, the Council and the Commission should ensure that the available financial and human resources attain the level as indicated in the Legislative Financial Statement of the Commission in relation to this Regulation, enabling eu-LISA to start the implementation process once this regulation enters into force.
Amendment 79 #
(ca) protect child victims of trafficking in human beings and identify and protect missing children;
Amendment 112 #
6a. In the case of minors, only national law enforcement authorities responsible for the prevention, detection and investigation of child trafficking as well as Europol should be able to access Eurodac for the purpose of protecting child victims of trafficking in human beings. The question whether general law enforcement access under Article 1 (1) (d) to Eurodac for children under the age of 14 years is proportionate, shall be assessed based on additional evidence of the relevance of these data for combating terrorism and other serious crime.
Amendment 114 #
(11a) Article 5(1) is replaced by the following: 1. Before the start of the operational use of the modified Eurodac system, the security framework for the Eurodac’s business and technical environment must be properly updated, in line with Article 33 of the EUDPR1a .The Agency, eu- LISA, shall be responsible for the operational management of Eurodac. __________________ 1a Art. 33, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Amendment 268 #
(26a) Article 34(1), is amended as follows: 1. The national supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of Eurodac; a single model of coordinated supervision should be applied, as foreseen in Article 62 EUDPR, referring to joint operations of supervisory authorities 1a __________________ 1a Art. 62, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Amendment 272 #
'Without prejudice to Article 38 and 39 of Regulation (EU) XXX/XXX [Eurodac Regulation], Articles 12 and 18 of Regulation (EU) 2018/1862, Article 29 of Regulation (EU) 2019/816 and Article 40 of Regulation (EU) 2016/794, eu-LISA shall keep logs of all data processing operations within the ESP in line with the universal message format (UMF) 1a. Those logs shall include, in particular, the following:;’; __________________ 1aRegulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816.