Activities of Petar VITANOV 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 (20)
Amendment 148 #
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 , while also taking into consideration the different categories of data subjects. 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 154 #
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, 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 174 #
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 competent law enforcement authorities of the Member States, where necessary and proportionate, for the purpose of preventing, detecting or investigating criminal offences.
Amendment 181 #
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;
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) the own-initiative provision of relevant information to Single Points of Contact or to the competent law enforcement authorities of other Member States, in particular the situations and the manner in which such information is to be provided;
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point c
Article 1 – paragraph 1 – subparagraph 1 – point c
(c) the channel of communication to be used for all exchanges of information and the information to be provided to the Single Points of Contact in relation to exchanges of information directly between the competent law enforcement authorities of the Member States;
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point d
Article 1 – paragraph 1 – subparagraph 1 – point d
(d) the establishment, tasks, composition and capabilities of the Single Point of Contact, including on the deployment of a single electronic Case Management System for the fulfilment of its tasks under this Directive.
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not apply to exchanges of information between the competent law enforcement authorities of the Member States for the purpose of preventing, detecting or investigating criminal offences that are specifically regulated by other acts of Union law.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) obtain information by means of coercive measures, taken in accordance with national law, for the purpose of providing it to the competent law enforcement authorities of other Member States;
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) store any information for the purpose referred to in point (a);
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) provide information to the competent law enforcement authorities of other Member States to be used as evidence in judicial proceedings
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'competent law enforcement authority' means any authority of the Member States competent under national law to enforce the law and to take coercive measures, for the purpose of preventing, detecting or investigating criminal offences;
Amendment 215 #
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 228 #
(b) necessary in order to protect a person’s vital interests which aevent an imminent thre at imminent riskto life of a person;
Amendment 231 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 – point d
Article 4 – paragraph 3 – subparagraph 1 – point d
(d) in exceptional cases, at imminent risk of losing relevance if not provided urgently and the information is considered vitally important.
Amendment 255 #
Proposal for a directive
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. Member States shall ensure that their Single Point of Contact immediately requests additional clarifications needed, where needed, in order to be able to process a request for information that otherwise would have to be refused from the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State.
Amendment 265 #
Proposal for a directive
Article 10 – paragraph 1 – point -i (new)
Article 10 – paragraph 1 – point -i (new)
(-i) the personal data are accurate, complete and up to date;
Amendment 266 #
Proposal for a directive
Article 10 – paragraph 1 – point i
Article 10 – paragraph 1 – point i
(i) the categories of personal data provided per category of data subject, remain limited to those listed in Section B, point 2, of Annex II to Regulation (EU) 2016/794, and limited to what is necessary and proportionate to respond to the request;
Amendment 277 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 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 send, at the same time,assess, on a case-by-case basis, whether to send 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. Member States shall also ensure that any possible restrictions pursuant to Article 19 of Regulation (EU)2016/794, are duly communicated to Europol.
Amendment 300 #
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 areis processed according to Directive(EU) 2016/680 and the personal data contained in the Case Management System only for as long as isis processed only for the time necessary andto proportionate for the purposes for which the personal data are processedvide the information as stipulated by Article 5 and are subsequently irrevocably deleted.