Activities of Elisabetta GUALMINI related to 2020/0349(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation
Amendments (4)
Amendment 26 #
Proposal for a regulation
Recital 39
Recital 39
(39) Europol should inform the European Data Protection Supervisor prior to the launch of its research and innovation projects that involve the processing of personal data. For each project, Europol should carry out, prior to the processing, an assessment of the impact of the envisaged processing operations on the protection of personal data and all other fundamental rights, including of any bias in the outcome. This should include an assessment of the appropriateness of the personal data to be processed for the specific purpose of the project. Such an assessment would facilitate the supervisory role of the European Data Protection Supervisor, including the exercise of its corrective powers under this Regulation which might also lead to a ban on processing. The development of new tools by Europol should be without prejudice to the legal basis, including grounds for processing the personal data concerned, that would subsequently be required for their deployment at Union or national level. To enable the European Data Protection Supervisor to carry out its increased responsibilities as a result of Europol’s revised mandate, without sacrificing the quality of its work, it should be afforded the necessary human and financial resources.
Amendment 29 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) The new objectives and responsibilities of Europol reinforce the Union’s capacities to cooperate with private parties and third countries, support Member States in investigations involving large and complex datasets, and its role with respect to research and innovation, in order to better fight against terrorism, cybercrime and other serious and organised forms of crime. The necessary appropriations for the purpose of financing these new responsibilities for Europol should be drawn exclusively from unallocated margins under the relevant MFF heading ceilings and/or through the mobilisation of the relevant MFF special instruments. The final amount should be authorised by the European Parliament and the Council through the annual budgetary procedure.
Amendment 32 #
Proposal for a regulation
Recital 41
Recital 41
(41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States and third countries may contribute to Europol’s budget based on separate agreements, subject to transparency and scrutiny. Europol should therefore be able to receive contributions from Member States and third countries on the basis of financial agreements within the scope of its objectives and tasks.
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 24 – paragraph 6 b
Article 24 – paragraph 6 b
6b. Europol’s infrastructure may be used for exchanges between the competent authorities of Member States and private parties in accordance with the respective Member States’ national laws. In cases where Member States use this infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol shall not have access to that data. In order to identify possible security risks posed by the opening of its infrastructure for use by private parties, Europol shall carry out an assessment and, where necessary, implement appropriate preventive and mitigating measures.