Activities of Clare DALY related to 2021/0411(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on Information exchange between law enforcement authorities of Member States, repealing Council Framework Decision 2006/960/JHA
Amendments (36)
Amendment 147 #
Proposal for a directive
Recital 16
Recital 16
(16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680 and Regulation (EU) 2016/679 of the European Parliament and of the Council62 , which rules this Directive leaves. This Directive leaves the rules from Directive (EU) 2016/680 unaffected. _________________ 60 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89). 61 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 62 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1).
Amendment 152 #
Proposal for a directive
Recital 18
Recital 18
Amendment 160 #
Proposal for a directive
Recital 19
Recital 19
(19) The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information. Therefore, the use of the secure information exchange network application called SIENA, managed by Europol in accordance with Regulation (EU) 2016/794, should be made mandatory for all such transmissions and communications under this Directive, including the sending of requests for information submitted to Single Points of Contact and directly to law enforcement authorities, the provision of information upon such requests and on their own initiative, communications on refusals and clarifications, as well as copies to Single Points of Contact and Europol. To that aim, all Single Points of Contact, as well as all law enforcement authorities that may be involved in such exchanges, should be directly connected to SIENA. In this regard, a transition period should be provided for, however, in order to allow for the full roll-out of SIENA.
Amendment 164 #
Proposal for a directive
Recital 22
Recital 22
(22) In order for them to be able to effectively perform their coordinating functions under this Directive, the Single Points of Contact should be composed of representatives of national law enforcement authorities whose involvement is necessary for the adequate and rapid exchange of information under this Directive. While it is for each Member State to decide on the precise organisation and composition needed to meet that requirement, such representatives may include police, customs and other law enforcement authorities competent for preventing, detecting or investigating criminal offences, as well as possible contact points for the regional and bilateral offices, such as liaison officers and attachés seconded or posted in other Member States and relevant Union law enforcement agencies, such as Europol. However, in the interest of effective coordination, at minimum, the Single Points of Contact should be composed of representatives of the Europol national unit, the SIRENE Bureau, the passenger information unit and the Interpol National Central Bureau, as established under the relevant legislation and notwithstanding this Directive not being applicable to information exchanges specifically regulated by such Union legislation.
Amendment 172 #
Proposal for a directive
Recital 25
Recital 25
(25) The cross-border nature of certain crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of common rules on the exchange of information. Thus, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) requests for information submitted to the Single Points of Contact established or designated by the Member States, in particular on the content of such requests, mandatory time limits for providing the requested information, reasons for refusals of such requests and, the channel of communication to be used in connection to such requests, and obligations to redress incorrect information and verify outgoing information;
Amendment 197 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'law enforcement authority' means any authority of the Member States competent under national law for the purpose of preventing, detecting or investigating serious criminal offences;
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) 'serious criminal offences' means any of the following:
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 201 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 203 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
Amendment 204 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) (a) terrorism, (b) organised crime, (c) drug trafficking, (d) money-laundering activities, (e) crime connected with nuclear and radioactive substances, (f) trafficking in human beings, (g) murder and grievous bodily injury, (h) illicit trade in human organs and tissue, (i) kidnapping, illegal restraint and hostage-taking, (j) racism and xenophobia, (k) robbery and aggravated theft, (l) illicit trafficking in cultural goods, including antiquities and works of art, (m) swindling and fraud, (n) Serious crime against the financial interests of the Union, (o) insider dealing and financial market manipulation, (p) racketeering and extortion, (q) illicit trafficking in arms, ammunition and explosives, (r) illicit trafficking in endangered animal species, (s) illicit trafficking in endangered plant species and varieties, (t) environmental crime, including ship- source pollution, (u) illicit trafficking in hormonal substances and other growth promoters, (v) sexual abuse and sexual exploitation, including child abuse material and solicitation of children for sexual purposes, (w) rape, (x) genocide, crimes against humanity and war crimes.
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'information' means any content concerning one or more natural or legal persons, facts or circumstances relevant to law enforcement authorities in connection to the exercise of their tasks under national law of preventing, detecting or investigating serious criminal offences as defined in Article 2 (2);
Amendment 210 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'available' information means information that is either held by the Single Point of Contact or the law enforcement authorities of the requested Member State, or information that those Single Points of Contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that Member State without coercive measures;
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘personal data’ means personal data as defined in Article 34, point (1) of RegulationDirective (EU) 2016/67980.
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) any relevant information available to the Single Point of Contact or the law enforcement authorities of Member States is provided to the Single Point of Contact or the law enforcement authorities of other Member States (‘principle of availability’);
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) information is kept up-to-date and accurate;
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(c b) where information that has been made available to the Single Point of Contact or otherwise exchanged under this Directive, is found to be incorrect, inaccurate or outdated, such information shall be corrected or deleted as appropriate, and any correction or deletion shall be communicated to all recipients without delay.
Amendment 226 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 – point a
Article 4 – paragraph 3 – subparagraph 1 – point a
(a) essential for the prevention of an immediate and serious threat to the public security of a Member State under crimes listed in Article 2(2);
Amendment 230 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 – point d
Article 4 – paragraph 3 – subparagraph 1 – point d
Amendment 234 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) eighttwenty-four hours, for urgent requests relating to information that is available to the law enforcement authorities of the requested Member State without having to obtain a judicial authorisation;
Amendment 235 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) three calendarworking days, for urgent requests relating to information that is available to the law enforcement authorities of the requested Member State subject to a requirement to obtain a judicial authorisation;
Amendment 244 #
Proposal for a directive
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(d a) the provision of the requested information would result in large quantities of non-specific information;
Amendment 245 #
Proposal for a directive
Article 6 – paragraph 1 – point d b (new)
Article 6 – paragraph 1 – point d b (new)
(d b) the requested information has been found to be outdated or inaccurate, and has not yet been updated or corrected;
Amendment 246 #
Proposal for a directive
Article 6 – paragraph 1 – point e – point i
Article 6 – paragraph 1 – point e – point i
Amendment 248 #
Proposal for a directive
Article 6 – paragraph 1 – point e – point ii
Article 6 – paragraph 1 – point e – point ii
(ii) jeopardise the success of an ongoing investigation of a criminal offence; or;
Amendment 252 #
Proposal for a directive
Article 6 – paragraph 1 – point e – point iii
Article 6 – paragraph 1 – point e – point iii
(iii) unduly harm the vital interests of a natural or legal person.
Amendment 256 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Amendment 257 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that their Single Point of Contact or their law enforcement authorities provide, on their own initiative, any information available to them to the Single Points of Contact or to the law enforcement authorities of other Member States, where there are objective reasons to believe that such information could be relevant tois necessary for that Member State for the purpose referred to in Article 1(1). However, no such obligation shall exist insofar as the reasons referred to in points (c), (d) or (e) of Article 6(1) apply in respect of such information.
Amendment 258 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 259 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 269 #
Proposal for a directive
Article 10 – paragraph 1 – point i a (new)
Article 10 – paragraph 1 – point i a (new)
(i a) the categories of data subject, relating to whom personal data are exchanged are limited to: a) persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence listed in Article 2(2), or who have been convicted of such an offence; b) persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences listed in Article 2(2).
Amendment 276 #
Proposal for a directive
Article 12
Article 12
Amendment 291 #
Proposal for a directive
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
Amendment 293 #
Proposal for a directive
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
Amendment 303 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that any personal data processed by their Single Point of Contact are contained in the Case Management System only for as long as is necessary and proportionate for the purposes for which the personal data are processedfulfilment of deadlines as set out in Article 5, and are subsequently irrevocably deleted.