8 Amendments of Sophia IN 'T VELD related to 2018/0330(COD)
Amendment 1200 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k
Article 69 – paragraph 1 – subparagraph 2 – point k
(k) Missions and operations of the Common Security and Defence Policy, only after a dedicated legal instrument is in place that governs this cooperation, with data protection rules ensuring the right to privacy and the protection of personal data.
Amendment 1206 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the Commission's prior approvalprior approval of the Commission, and of the EDPS in so far as the working arrangements concern the exchange of personal data. In every case, the Agency shall inform the European Parliament of any such arrangements.
Amendment 1243 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
4. Where available, it shall also act within the framework of working arrangements concluded with those authorities in accordance with Union law and policy, in accordance with 77(6). Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation and may include provisions concerning the exchange of sensitive non-classified information and cooperation in the framework of EUROSUR in accordance with Article 75 (3). Any working arrangements on exchanging classified information shall be concluded in accordance with Article 77(6). The Agency shall comply with Union law, including norms and standards, which form part of the Union acquis. The Agency shall request prior authorisation from the EDPS, in so far as these working arrangements provide for the transfer of personal data.
Amendment 1301 #
Proposal for a regulation
Article 81 – paragraph 4 a (new)
Article 81 – paragraph 4 a (new)
4 a. The Agency shall carry out a fundamental rights assessment regarding the compliance with fundamental rights by the third country, including the assessment of the level of data protection of the third country, before the Agency engages in any operational activities with the third country.
Amendment 1344 #
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
3. The Agency may transfer personal data to an authority of a third country or to an international organisation in accordance with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is necessary for the performance of the Agency’s tasks in the area of return activities. Where in the framework of organising return operations the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may also transfer such data under the same conditions. In application of [Article 25(1)(c)] of [Regulation (ECU) No 45/2001], [Article 19] thereof shall not apply to the processing of data for the purpose of return by the Agency, for as long as the third country national is not returned. T2018/1725, the Agency may provide for internal rules on restricting the application of the rights under [Articles 179, 1753 and 1854] of [Regulation (ECU) No 45/20112018/1725] on a case by case basis as long as the exercise of such right would risk to jeopardise the return procedure. Such restrictions shall respect the essence of the fundamental rights and freedoms and be necessary and proportionate to the objective pursued, taking into account the risks to the rights and freedoms of the persons concerned.
Amendment 1346 #
Proposal for a regulation
Article 87 – paragraph 3 a (new)
Article 87 – paragraph 3 a (new)
3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1362 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls under paragraph 1 only if authorised by the provider of the personal data. The Agency shall keep written records of a case-by- case compatibility assessment when processing personal data under this provision.
Amendment 1399 #
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679 or Directive (EU) 2016/680, and the relevant national provisions on data protection.