Activities of Anna HEDH related to 2017/0144(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011 PDF (915 KB) DOC (137 KB)
Amendments (36)
Amendment 55 #
Proposal for a regulation
Recital 4
Recital 4
(4) The ECRIS legal framework, however, does not sufficiently cover the particularities of requests concerning third country nationals. Although it is nowcurrently possible to exchange information on third country nationals through ECRIS, there is no procedure or mechanism in place to do so efficiently.
Amendment 62 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore lay down rules on creating a centralised system containing and protecting personal data at the level of the Union, the division of responsibilities between the Member State and the organisation responsible for its development and maintenance, as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection and, data security. T and the protection of the fundamental rights of the persons concerned should be protected as well.
Amendment 71 #
Proposal for a regulation
Recital 11
Recital 11
(11) The ECRIS-TCN system should contain only the identity information of third country nationals convicted by a criminal court within the Union. Such identity information should include alphanumeric data, and fingerprint data in accordance with Framework Decision 2009/315/JHA, and facial images in as far as they are recorded in the national criminal records databases of the Member States.
Amendment 74 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the event that there is a match between data recorded in the Central System and those used for search by a Member State (hit), the identity information against which a 'hit' was recorded is provided together with the hit. That information should only be used to assist in confirming the identity of the third country national concerned in order to verify that the recorded data is accurately assigned to the correct person to which the hit relates. This may include the recording of such data in the national criminal record database of the querying Member States as an alias of the third country national.
Amendment 78 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 83 #
Proposal for a regulation
Recital 14
Recital 14
(14) The use of biometrics is necessaryuseful as it is the most reliable method of identifying third country nationals within the territory of the Member States, who are oftensometimes are not in possession of documents or any other means of identification, as well as for more reliable matching of third country nationals data.
Amendment 97 #
Proposal for a regulation
Recital 21
Recital 21
(21) The European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council23 , Eurojust established by Council Decision 2002/187/JHA24 [and the European Public Prosecutor's Office established by Regulation (EU) …/…25 ] should have access to the ECRIS-TCN system for identifying the Member State(s) holding criminal record information on a third county national in order to support their statutory tasks. _________________ 23 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). 24 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 063, 6.3.2002, p.1). 25 Regulation (EU) .../... (OJ L ...). Regulation (EU) .../... (OJ L ...).
Amendment 104 #
Proposal for a regulation
Recital 23
Recital 23
(23) Directive (EU) 2016/680 of the European Parliament and of the Council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Regulation (EU) 2016/679 of the European Parliament and of the Council27 should apply to the processing of personal data by national authorities provided that national provisions transposing Directive (EU) 2016/680 do not apply. Coordinated supervision should be ensured in accordance with Article 62 of [the new data protection regulation for Union institutions and bodies]. _________________ 26 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) 27 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 124 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'third country national' means a national of a country other than a Member State regardless of whether the person also holds the nationality of a Member State, or a stateless person or a person whose nationality is unknown to the convicting Member State;
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) surname (family name); first name(s) (given names); date of birth; place of birth (town and country); nationality or nationalities; gender; parents' names; where applicable previous names, pseudonym(s) and/or alias name(s); the code of the convicting Member State;
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) fingerprint data in accordance with Framework Decision 2009/315/JHA31, only when the national law of the convicting Member State allows for collection and storage of fingerprints of a convicted person, and with the specifications for the resolution and use of fingerprints referred to in point (b) of Article 10(1); the reference number of the fingerprint data of the convicted person including the code of the convicting Member State. _________________ 31 As amended by Directive of the European Parliament and the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA (….).
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 160 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 163 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 171 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Europol, Eurojust [and the European Public Prosecutor's Office] shall have access to the ECRIS-TCN system for identifying the Member State(s) holding criminal record information on a third county national in accordance with Articles 14, 15 and16.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 184 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the individualpermanently erase the data record without delay from the Central System, and in any event no later than one monthweek after the expiry of that retention period.
Amendment 191 #
4. If a Member State other than the Member State which entered the data has reason to believe that data recorded in the Central System are inaccurate or that data was processed in the Central System in contravention of this Regulation, it shall contact the central authority of the convicting Member State without delay. The convicting Member State shall check the accuracy of the data and the lawfulness of its processing within one monthweek.
Amendment 197 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
Amendment 200 #
(e) the technical specifications for data quality, including a mechanism and procedures to carry out data quality checks;
Amendment 238 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Each Member State shall give the staff of its authorities, which have a right to access the ECRIS-TCN system, appropriate training, in particular on data security and data protection rules and on relevant fundamental rights, before authorising them to process data stored in the Central System.
Amendment 240 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. In accordance with DirectiveRegulation (EU) 2016/68079, each Member State shall ensure that the data recorded in the ECRIS- TCN system is processed lawfully, and in particular that:
Amendment 247 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Neither Eurojust, Europol, [the European Public Prosecutor's Office] nor any central authority of a Member State may transfer or make available to a third country, any international organisation nor a private party, any information obtained from the ECRIS-TCN system on previous convictions of a third country national, or information on the Member State(s) which may hold such information.
Amendment 248 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Access for Eurojust, Europol [, and the European Public Prosecutor's Office]
Amendment 253 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Europol [and t[The European Public Prosecutor's Office] shall have direct access to the ECRIS-TCN system for the purpose of fulfilling their statutory tasks.
Amendment 255 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Following a hit indicating the Member State(s) holding criminal records information on a third country national, Eurojust, Europol[, and the European Public Prosecutor's Office] may use their contacts with the national authorities of those Member States established in accordance with their respective constituting legal instruments to request the conviction information.
Amendment 257 #
Responsibilities of Eurojust, Europol[, and the European Public Prosecutor's Office]
Amendment 258 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Eurojust, Europol[, and the European Public Prosecutor's Office] shall establish the technical means to connect to the ECRIS- TCN system and shall be responsible for maintaining that connection.
Amendment 263 #
Proposal for a regulation
Article 17 – paragraph 3 – point g
Article 17 – paragraph 3 – point g
(g) ensure that all authorities with a right of access to the ECRIS-TCN system create profiles describing the functions and responsibilities of persons who are authorised to enter, amend, delete, consult and search the data and make their profiles available to the national supervisory authorities referred to in Article 25 without delay at their request;
Amendment 271 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Each central authority of the Member State is to be considered as controller in accordance with DirectiveRegulation (EU) 2016/68079 for the processing of the personal data by that Member State under this Regulation.
Amendment 274 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Access to the ECRIS-TCN system for entering, amending, deleting and consulting the data referred to in Article 5 shall be reserved exclusively to duly authorised staff of the central authorities, and to duly authorised staff of the bodies referred to in Article 15 for consulting the data. That access shall be limited to the extent needed for the performance of the tasks in accordance with the purpose referred to in paragraph 1, and to what is necessary and proportionate to the objectives pursued.
Amendment 277 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If a request is made to a Member State other than the convicting Member State, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ECRIS-TCN system within a time limit of one monthout undue delay, and in any case within one week if that check can be done without consulting the convicting Member State. Otherwise, the Member State other than the convicting Member State shall contact the authorities of the convicting Member State within 14 daysone week and the convicting Member State shall check the accuracy of the data and the lawfulness of the data processing within one monthweek from the contact.
Amendment 289 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall ensure that the supervisory authority or authorities designated pursuant to Article 451 of DirectiveRegulation (EU) 2016/68079 shall monitor the lawfulness of the processing of personal data referred to in Article 6 by the Member State concerned, including their transmission to and from the ECRIS-TCN system.
Amendment 295 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Each Member State shall supply any information requested by the supervisory authorities and shall, in particular, provide them with information on the activities carried out in accordance with Articles 12, 13 and 17. Each Member State shall grant the supervisory authorities access to their records pursuant to Articles 23(7) and 29 and allow them access at all times to all their ECRIS-TCN system related premises.
Amendment 304 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The costs of connection of Eurojust, Europol and [the European Public Prosecutor's Office] to the ECRIS- TCN system shall be borne by the budget of those bodies.