Activities of Diana RIBA I GINER 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 (29)
Amendment 123 #
(2) In an area without internal border controls, police officers in one Member State should have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In this regard, law enforcement authorities should cooperate effectively and by default across the Union. Therefore, an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. Exchange of information on serious crime and criminal activities, including terrorism, serves the overall objective of protecting the security of natural persons.
Amendment 124 #
Proposal for a directive
Recital 3
Recital 3
(3) Exchange of information between Member States for the purposes of preventing and detecting serious criminal offences is regulated by the Convention Implementing the Schengen Agreement of 14 June 198547 , adopted on 19 June 1990, notably in its Articles 39 and 46. Council Framework Decision 2006/960/JHA48 partially replaced those provisions and introduced new rules for the exchange of information and intelligence between Member States' law enforcement authorities. _________________ 47 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19). 48 Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).
Amendment 127 #
Proposal for a directive
Recital 6
Recital 6
(6) In particular, the discrepancies between the relevant provisions of the Convention Implementing the Schengen Agreement and Framework Decision 2006/960/JHA should be addressed by covering information exchanges for the purpose of preventing, detecting or investigating serious criminal offences, thereby fully superseding, insofar as such exchanges are concerned, Articles 39 and 46 of that Convention and hence providing the necessary legal certainty. In addition, the relevant rules should be simplified and clarified, so as to facilitate their effective application in practice.
Amendment 131 #
Proposal for a directive
Recital 9
Recital 9
(9) All exchanges of information under this Directive should be subject to three general principles, namely those of availability, equivalent access and confidentiality. While those principles are without prejudice to the more specific provisions of this Directive, they should guide its interpretation and application where relevant. For example, the principle of availability should be understood as indicating that relevant information available to the Single Point of Contact or the law enforcement authorities of one Member State should also be available, to the largest extent possible, to those of other Member States for the same purposes and if the request is possible in a similar domestic case. However, the principle should not affect the application, where justified, of specific provisions of this Directive restricting the availability of information, such as those on the grounds for refusal of requests for information and judicial authorisation. In addition, pursuant to the principle of equivalent access, the access of the Single Point of Contact and the law enforcement authorities of other Member States to relevant information should be substantially the same as, and thus be neither stricter nor less strict than, the access of those of one and the same Member State, subject to the Directive’s more specific provisions.
Amendment 144 #
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 . In line with that Regulation, there should be limitations for the data categories of persons who are not suspects, but witnesses, victims, or who belong to other groups. 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 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 145 #
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 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 156 #
Proposal for a directive
Recital 18
Recital 18
(18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, an assessment should be done, on a case-by-case basis, whether a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol. In practice, this can be done through the ticking by default of the corresponding SIENA box.
Amendment 162 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to simplify, facilitate and better manage information flows, Member States should each establish or designate one Single Point of Contact competent for coordinating information exchanges under this Directive. The Single Points of Contact should, in particular, contribute to mitigating the fragmentation of the law enforcement authorities' landscape, specifically in relation to information flows, in response to the growing need to jointly tackle cross-border serious crime, such as drug trafficking and terrorism. For the Single Points of Contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this Directive, they should be assigned a number of specific, minimum tasks and also have certain minimum capabilities.
Amendment 168 #
Proposal for a directive
Recital 23
Recital 23
(23) The deployment and operation of an electronic single Case Management System having certain minimum functions and capabilities by the Single Points of Contact is necessary to allow them to carry out their tasks under this Directive in an effective and efficient manner, in particular as regards information management. Any personal data processed by the Single Points of Contact are to be contained in the Case Management System only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted.
Amendment 173 #
Proposal for a directive
Recital 25
Recital 25
(25) The cross-border nature of serious 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 177 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Directive establishes rules for the exchange of information between the law enforcement authorities of the Member States where necessary for the purpose of preventing, detecting or investigating serious criminal offences.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not apply to exchanges of information between the law enforcement authorities of the Member States for the purpose of preventing, detecting or investigating serious criminal offences that, where those exchanges are specifically regulated by other acts of Union law.
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Directive does not establish any right tois without prejudice to Member State law on the use of the information provided in accordance with this Directive as evidence in judicial proceedings.
Amendment 198 #
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: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 202 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 207 #
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 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;
Amendment 211 #
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 43, point (1) of RegulationDirective (EU) 2016/67980.
Amendment 216 #
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 on request (‘principle of availability’);
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the conditions for requesting information from the Single Point of Contact or the law enforcement authorities of other Member States, and those for providing information to the Single Points of Contact and the law enforcement authorities of other Member States, are equivalent to those applicable for requesting and providing similar information from and to their own law enforcement authorities for the same purposes and if the request is possible in a similar domestic case(‘principle of equivalent access’);
Amendment 251 #
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 267 #
Proposal for a directive
Article 10 – paragraph 1 – point i
Article 10 – paragraph 1 – point i
(i) the categories of personal data provided remain limited to those listed in Section B, point 2, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(a), of that Annex;
Amendment 270 #
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 personal data provided remain limited to those listed in Section B, point 3, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(e), of that Annex;
Amendment 271 #
Proposal for a directive
Article 10 – paragraph 1 – point i b (new)
Article 10 – paragraph 1 – point i b (new)
(i b) the categories of personal data provided remain limited to those listed in Section B, point 4, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(d), of that Annex;
Amendment 272 #
Proposal for a directive
Article 10 – paragraph 1 – point i c (new)
Article 10 – paragraph 1 – point i c (new)
(i c) the categories of personal data provided remain limited to those listed in Section B, point 5, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(c), of that Annex;
Amendment 273 #
Proposal for a directive
Article 10 – paragraph 1 – point i d (new)
Article 10 – paragraph 1 – point i d (new)
(i d) the categories of personal data provided remain limited to those listed in Section B, point 6, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(f), of that Annex;
Amendment 278 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III, they also asses, on a case-by-case basis, if it is necessary to send, at the same time, a copy thereof to Europol, insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of Europol in accordance with Regulation (EU) 2016/794, an Europol is already involved in the respective investigation.
Amendment 282 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Where information sent to Europol pursuant to paragraph 1, any possible restrictions pursuant to Article 19 of Regulation (EU) 2016/794, shall also be communicated to Europol together with the information.
Amendment 298 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to ensure that all cyberinformation security risks relating to the Case Management System, in particular as regards its architecture, governance and control, are managed and addressed in a prudent and effective manner and that adequate safeguards against unauthorised access and abuse are provided for.
Amendment 301 #
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 processed and are subsequently irrevocably deletedneeded for all concerned authorities to complete the process of its downloading, and are subsequently irrevocably deleted. The retention period shall not exceed four weeks.