Activities of Anna HEDH related to 2012/0261(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 273/2004 on drug precursors PDF (235 KB) DOC (251 KB)
Amendments (4)
Amendment 24 #
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EC) No 273/2004 envisages the processing of data. Such processing of data may also cover personal data which should be carried out in accordance with Union Law. information, including the processing of personal data, for the purposes of enabling the competent authorities to monitor the placing on the market of drug precursors and preventing the diversion of scheduled substances. The processing of personal data should be carried out in accordance with Union law on data protection and, in particular, with requirements relating to data quality, proportionality, purpose limitation, and with rights to information, access, rectification of data, erasure and blocking, organisational and technical measures and international transfers of personal data. Data should be adequate, accurate, relevant and not excessive in relation to the purpose for which it is collected. It should not be processed for longer than necessary in relation to the purpose for which it is collected and its accuracy should be regularly reviewed. Processing of data should be carried out under the supervision of the Member States' competent authorities, in particular the public independent authorities designated by the Member States, as regards processing of personal data carried out in the Member States. It should also be carried out under the supervision of the European Data Protection Supervisor, as regards the processing of personal data carried out by the Commission within the framework of this Regulation. In order to enable law enforcement authorities to detect, prevent, investigate or prosecute drug trafficking criminal offences, Member States may be allowed to adopt legislative measures to grant their competent authorities access to personal data processed pursuant to this Regulation for the above mentioned purposes and in so far it is necessary, proportionate and subject to adequate safeguards. Since this processing constitutes a restriction to the fundamental right to the protection of personal data, it should be interpreted restrictively and in compliance with the requirements set out by the Charter of Fundamental Rights of the European Union and by the European Convention of Human Rights. This processing should only take place on a case-by-case basis and provided that the competent law enforcement authorities have reasonable grounds to believe that this processing will substantially assist them in preventing, detecting, or investigating drug trafficking criminal offences.
Amendment 30 #
Proposal for a regulation
Article 1 – point 2 – point f
Article 1 – point 2 – point f
Regulation (EC) No 273/2004
Article 3 – paragraph 9
Article 3 – paragraph 9
9. The Commission shall be empowered to adopt delegated acts in accordance with Article 15a concerning: (a) the requirements and conditions for the granting of the licence referred to in paragraph 2, and the categories of data, including of personal data, to be provided; (b) the requirements and conditions for the granting of the registration referred to in paragraph 6. and the categories of data, including of personal data, to be provided; and (c) the requirements and conditions for listing operators and users having obtained a licence or registration in a European Database on drug precursors referred to in paragraph 8. (ca) The categories of personal data referred to in points (a) and (b) of the first subparagraph shall not include sensitive data within the meaning of Article 8(1) of Directive 95/46/EC.
Amendment 38 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 273/2004
Article 13a – paragraphs 1b, 1c and 1d (new)
Article 13a – paragraphs 1b, 1c and 1d (new)
1b. Information obtained pursuant to this Regulation, including personal data, shall be used in accordance with the applicable legislation on personal data protection and shall not be retained for longer than necessary for its purpose. Processing of the special categories of data referred to in Article 8(1) of Directive 95/46/EC and in Article 10(1) of Regulation (EC) No 45/2001 shall be prohibited. Interconnection or correlation of personal data contained in the European Database with other databases for different purposes shall be prohibited. 1c. A data subject shall be provided with information concerning the purposes of the processing and retention of data, the categories of data processed and retained, the identity of the controller of the data, the identity of the recipients of the data, information regarding the right of access, rectification or erasure of the data subject's personal data, the administrative and judicial remedies available and the contact details of the supervisory authority referred to in Article 13b(1). 1d. The Commission shall make publicly available a comprehensive privacy notice concerning the European Database in accordance with Articles 10 and 11 of Regulation (EC) No 45/2201, in a clear and understandable manner.
Amendment 41 #
Proposal for a regulation
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 273/2004
Article 13b – paragraph 1a (new)
Article 13b – paragraph 1a (new)
1a. Without prejudice to Article 13 of Directive 95/46/EC, personal data obtained or processed pursuant to this Regulation shall solely be used for the purpose of preventing the diversion of scheduled substances.