40 Amendments of Sophia IN 'T VELD related to 2020/0349(COD)
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/794
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member State or Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation.
Amendment 297 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/794
Article 6 – paragraph 2
Article 6 – paragraph 2
1 a. Paragraph 2 shall be deleted: 2. The national units shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1.
Amendment 298 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/794
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) 2016/794
Article 18 – paragraph 2e
Article 18 – paragraph 2e
(e) research and innovation regarding matters covered by this Regulation for the development, training, testing and validation of algorithms for the development of tools specifically and concretely related to the tasks of Europol;
Amendment 329 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 5a
Article 18 – paragraph 5a
5a. Prior to the processing of data under paragraph 2 of this Article, Europol may exceptionally and temporarily process personal data received pursuant to Article 17(1) and (2) for the purpose of determining whether such data comply with the requirements of paragraph 5 of this Article, including by checking the data against all data that Europol already processes in accordance with paragraph 5.
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 6
Article 18 – paragraph 6
Europol may only process personal data pursuant to this paragraph for a maximum period of one year, or in duly justified cases for a longer period with the prior authorisation of the EDPS, where strictly necessary and proportionate for the purpose of this Article. Where the result of the processing indicates that personal data do not comply with the requirements of paragraph 5 of this Article, Europol shall immediately delete that data and inform the provider of the data accordingly.
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1
Article 18a – paragraph 1
1. Where objectively necessary for the support of a specific ongoing criminal investigation, Europol may exceptionally process personal data outside the categories of data subjects listed in Annex II where:
Amendment 342 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18 a – paragraph 1 – point a
Article 18 a – paragraph 1 – point a
(a) a Member State or the EPPO has established that it is strictly necessary and proportionate to provides an investigative case file to Europol pursuant to point (a) of Article 17(1) and in full compliance with national and Union law for the purpose of operational analysis in support of that specific ongoing criminal investigation within the mandate of Europol pursuant to point (c) of Article 18(2); and
Amendment 344 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1 – point b
Article 18a – paragraph 1 – point b
(b) Europol hassesses verified that it is objective necessary and proportionate and has assessed that it is not possible to carry out the operational analysis of the ongoing investigative case file without processing personal data that does not comply with the requirements of Article 18(5). This assessment shall be recorded. in its entirety and shall be sent to the EDPS.
Amendment 351 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 2 – subparagraph 1
Article 18a – paragraph 2 – subparagraph 1
2. Europol may process personal data contained in an investigative case for as long as it supports the on-going specific criminal investigation for which the investigative case file was provided by a Member State or the EPPO in accordance with paragraph 1, and only for the purpose of supporting that investigation and where the scale, complexity, type or importance of the specific investigation requires to do so.
Amendment 353 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 2 – subparagraph 2
Article 18a – paragraph 2 – subparagraph 2
The Management Board, acting on a proposal from the Executive Director and after consultingation and prior authorisation of the EDPS, shall further specify the conditions and thresholds relating to the processing of such data, based on scale, complexity, type or importance of investigations.
Amendment 357 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 3
Article 18a – paragraph 3
The Management Board, acting on a proposal from the Executive Director and after consultingation and prior authorisation of the EDPS, shall further specify the conditions relating to the processing of such data. Such personal data shall be functionally separated from other data and may only be accessed where necessarystrictly necessary and proportionate for the specific criminal investigation for which they were provided and for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process.
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 4
Article 18a – paragraph 4
4. Paragraphs 1 to 3 shall also apply where Europol receives personal data from a third country with which there is an agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA in accordance with point (c) of Article 25(1) of this Regulation or on the basis of Article 218 TFEU in accordance with point (b) of Article 25(1) of this Regulation, or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, and such third country provides an investigative case file to Europol for operational analysis that supports the specific criminal investigation in a Member State or in Member States that Europol supports. Where a third country provides an investigative case file to Europol, the EDPS shall be informed. Europol shall verify that the amount of personal data is not manifestly disproportionate in relation to the specific investigation in a Member State that Europol supports, and that there are no objective elements indicating that the case file has been obtained by the third country in manifest violation of fundamental rights. Where Europol, or the EDPS, reaches the conclusion that there are preliminary indications that such data is disproportionate or collected in violation of fundamental rights, Europol shall not process it and shall delete the data. Data processed pursuant to this paragraph may only be accessed by Europol where necessary for the support of the specific criminal investigation in a Member State or in Member States. It shall be shared only within the Union.;
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 4 a new
Article 18a – paragraph 4 a new
4 a. All processing of personal data under this Article shall in all cases be compliant with the general principles and obligations laid down in Chapter IX of Regulation 2018/1725.
Amendment 364 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2016/794
Article 20 – paragraph 2a
Article 20 – paragraph 2a
2a. In the framework of conducting dedicated operational analysis projects as referred to in Article 18(3), Member States may determine information to be made directly accessible by Europol to selected other Member States for the purpose of enhanced collaboration in specific investigations, without prejudice to any restrictions of Article 19(2). Any processing of personal data by Member States in joint operational analysis shall take place in accordance with the rules and safeguards set out in this Regulation;
Amendment 374 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2016/794
Article 23 – paragraph 7
Article 23 – paragraph 7
(9 a) In Article 23, paragraph 7 is replaced by: 7. Onward transfers of personal data held by Europol by Member States, Union bodies, third countries, international organisations and private parties shall be prohibited, unless Europol has given its prior explicit authorisation.
Amendment 375 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/794
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Subject to any further restrictions pursuant to this Regulation, in particular pursuant to Article 19(2) and (3) and without prejudice to Article 67, Europol shall only transmit operational personal data to another Union institution, body, office or agency if the data are necessary and proportionate for the legitimate performance of tasks of the other Union institution, body, office or agency, in accordance with Union law to achieve the purposes set out in the legal act establishing the Union body, office or agency.
Amendment 382 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2016/794
Article 25 – paragraph 5
Article 25 – paragraph 5
By way of derogation from paragraph 1, the Executive Director may exceptionally authorise the transfer or categories of transfers of personal data related to a specific ongoing criminal investigation to third countries or international organisations on a case-by- case basis if the transfer is, or the related transfers are:;
Amendment 385 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Regulation (EU) 2016/794
Article 25 – paragraph 7
Article 25 – paragraph 7
(a a) Paragraph 7 is replaced by the following: The Executive Director shall as soon as possible inform the Management Board and the EDPS of the cases in which paragraph 5 has been applied. The JPSG shall have access to this information.
Amendment 397 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Europol may transmit or transfer personal data to private parties on a case- by-case basis, where it is strictly necessary, after it has informed the EDPS and subject to any possible restrictions stipulated pursuant to Article 19(2) or (3) and without prejudice to Article 67, in the following cases:
Amendment 404 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5 (new)
Article 26 – paragraph 5 (new)
5 a. Transmissions or transfers shall not be systematic, massive or structural.
Amendment 419 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 1
Article 26 – paragraph 6a – subparagraph 1
6a. Europol may request Member States, via their national units, via a reasoned request which should be as targeted as possible, to obtain personal data from private parties, which are established or have a legal representative in their territory, under their applicable laws, for the purpose of sharing it with Europol, on the condition that the requested personal data is the least sensitive and strictly limited to what is necessary for Europol with a view to identifying the national units concerned.
Amendment 421 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 2
Article 26 – paragraph 6a – subparagraph 2
Irrespective of their jurisdiction over the specific crime in relation to which Europol seeks to identify the national units concerned, Member States shall ensure that their competent national authorities can lawfully process such requests in accordance with their national laws, including appropriate judicial supervision and access to an effective remedy, for the purpose of supplying Europol with the information necessary for it to fulfil its objectives.
Amendment 425 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 –paragraph 6b
Article 26 –paragraph 6b
6b. Europol’s infrastructure may be used for exchanges between the competent authorities of Member States and private parties in accordance with the respective Member States’ national laws. In cases where Member States use this infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol shall not have access to that data. Before Europol's infrastructure can be used for exchanges between the competent authorities of Member States and private parties, Europol shall carry out an assessment of the possible security risks posed from the opening of its infrastructure for use by private parties and, where necessary, implement appropriate preventive and mitigating measures.
Amendment 446 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point a
Article 33a – paragraph 1 – point a
(a) any project shall be subject to prior authorisation by the Executive Director, based on and the EDPS, and adoption by the Management Board in a binding document, based on all of the following elements: - a description of the specific objectives of the project and the way in which the project specifically and concretely assists Europol in its tasks; - a description of the envisaged processing activity setting out the necessity and proportionality to process personal data, such as for exploring and testing innovative solution only in order to achieve the specific objectives of the project, such as for exploring and testing lawful, specific, strictly necessary and proportionate innovative solutions related to the tasks of Europol and concrete and specific law enforcement needs and ensuring accuracy of the project results,; - a description of the categories of personal data to be processed,; - a description of the retention period and conditions for access to the personal data,; - a data protection impact assessment of the risks to all rights and freedoms of data subjects, including of any: assessing necessity and proportionality separately for each application; ensuring compliance with ethical standards; identifying potential biases in the outcome, and the measures envisaged to address those risks; perational data to be used for the development of algorithms, including an assessment of the potential for discrimination; identifying potential biases and abuses in the application of and output from algorithms, including an assessment of the potential for discrimination; and requiring prior authorisation of for each application, taking into account the risk of biased outcomes resulting from the use of law enforcement data, and the measures envisaged to address those risks; and - a description of compliance with the data protection principles laid down in Regulation (EU) 2018/1725 Article 71, in particular the principles of data minimisation, data quality and privacy by design and by default.
Amendment 455 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b
Article 33a – paragraph 1 – point b
Amendment 457 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b a (new)
Article 33a – paragraph 1 – point b a (new)
(b a) where the processing of personal data involves the use of real operational data, personal data shall be anonymised or pseudonymised where possible;
Amendment 459 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b b (new)
Article 33a – paragraph 1 – point b b (new)
(b b) Special categories of data as laid down in Regulation (EC) 2018/1725 shall not be processed for the purpose of research and innovation;
Amendment 465 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph –point f
Article 33a – paragraph –point f
(f) (g) the logs of the processing of personal data in the context of the project shall be kept for the duration of the project and 1 year after the project is concluded, solely for the purpose of and only as long as necessary for verifying the accuracy of the outcome of the data processing, and to allow the EDPS to conduct supervision and audits. The JPSG shall have access to the logs.
Amendment 468 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 2
Article 33a – paragraph 2
2. Europol shall keep a complete and detailed description of the process and rationale behind the training, testing and validation of algorithms to ensure transparency and for verification of the accuracy of the results, including all elements listed in paragraph 1(a) of this Article, which shall be made available in its entirety to the EDPS and the JPSG right after launching the project.;
Amendment 470 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 2a new
Article 33a – paragraph 2a new
2 a. After the project is finished, the full description of the project including all elements listed in paragraph 1 of this Article shall be made publicly available, without prejudice to Regulation (EC) 2001/1049.
Amendment 503 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30 a (new)
Article 1 – paragraph 1 – point 30 a (new)
Regulation (EU) 2016/794
Article 41c
Article 41c
(30 a) the following Article 41c is added: Mandatory fundamental rights training All Europol staff shall get mandatory training in the protection of fundamental rights and freedoms, including with regard to the processing of personal data. These trainings shall be developed and organised in cooperation with the FRA and CEPOL.
Amendment 507 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32 – point a a (new)
Article 1 – paragraph 1 – point 32 – point a a (new)
Regulation (EU) 2016/794
Article 43 – paragraphs 3 and 4
Article 43 – paragraphs 3 and 4
(a a) paragraph 3 and 4 will be deleted: 3.The EDPS may pursuant to this Regulation: (a) give advice to data subjects on the exercise of their rights; (b) refer a matter to Europol in the event of an alleged breach of the provisions governing the processing of personal data, and, where appropriate, make proposals for remedying that breach and for improving the protection of the data subjects; (c) order that requests to exercise certain rights in relation to data be complied with where such requests have been refused in breach of Articles 36 and 37; (d) warn or admonish Europol; (e) order Europol to carry out the rectification, restriction, erasure or destruction of personal data which have been processed in breach of the provisions governing the processing of personal data and to notify such actions to third parties to whom such data have been disclosed; (f) impose a temporary or definitive ban on processing operations by Europol which are in breach of the provisions governing the processing of personal data; (g) refer a matter to Europol and, if necessary, to the European Parliament, the Council and the Commission; (h) refer a matter to the Court of Justice of the European Union under the conditions provided for in the TFEU; (i) intervene in actions brought before the Court of Justice of the European Union. 4. The EDPS shall have the power to: (a) obtain from Europol access to all personal data and to all information necessary for his or her enquiries; (b) obtain access to any premises in which Europol carries on its activities when there are reasonable grounds for presuming that an activity covered by this Regulation is being carried out there.
Amendment 517 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point f
Article 51 – paragraph 3 – point f
(-f) Annual information about the number of cases in which Europol has transferred personal data to an authority of a third country or to an international organisation, per legal basis laid down in Article 25 paragraph 1, and on the number of cases in which the Executive Director authorised the transfer or categories of transfers of personal data related to a specific ongoing criminal investigation to third countries or international organisations, by derogation of Article 25 paragraph 1, including specific cases ;
Amendment 519 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point (f)
Article 51 – paragraph 3 – point (f)
(f) annual information about the number of cases in which Europol issued follow-up requests to private parties or own-initiative requests to Member States of establishment for the transmission of personal data in accordance with Article 26, including specific examples of cases demonstrating why these requests were necessary and proportionate for Europol to fulfil its objectives and tasks;
Amendment 523 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point g
Article 51 – paragraph 3 – point g
(g) annual information about the number of cases where it was necessary for Europol to process personal data outside the categories of data subjects listed in Annex II in order to support Member States in a specific criminal investigation in accordance with Article 18a, including examples of such cases demonstrating why this data processing was necessary and proportionate;
Amendment 526 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point h
Article 51 – paragraph 3 – point h
(h) annual information about the number of cases in which Europol issued alerts in the Schengen Information System in accordance with Article 4(1)(r), and the number of ‘hits’, investigations and convictions these alerts generated, including specific examples of cases demonstrating why these alerts were necessary for Europol to fulfil its objectives and tasks;
Amendment 531 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794
Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794
(i) annual information about the number of pilot projects in which Europol processed personal data to train, test and validate algorithms for the development of tools, including AI-based tools, for law enforcement in accordance with Article 33a, including all information on the purposes of these projects and the law enforcement needs they seek to addresselements listed in Article 33a paragraph 1.;
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a a (new)
Article 1 – paragraph 1 – point 37 – point a a (new)
Regulation (EU) 2016/794
Article 51 – paragraphs 5 and 6 (a a) (new)
Article 51 – paragraphs 5 and 6 (a a) (new)
(a a) Paragraph 5 is replaced by: 5.The JPSG may draw up summary conclusions on the political monitoring of Europol's activities and issue recommendations, and submit these conclusions and recommendations to the European Parliament and national parliaments.The European Parliament shall forward them to the Council, the Commission and Europol. Paragraph 6 is added: 6. Without undue delay, Europol and the Commission shall react to the recommendations issued by the JPSG, and provide reasons in case it does not take over the recommendations.
Amendment 553 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) 2016/794
Article 68 – paragraph 3
Article 68 – paragraph 3
3. The Commission shall, by [threewo years after entry into force of this Regulation], submit a report to the European Parliament and to the Council, assessing the operational benefits of the implementation of the competences provided for in Article 18(2)(e) and (5a), Article 18a, Article 26 and Article 26a with regard to Europol’s objectives. The report shall cover the impact of those competences on fundamental rights and freedoms as enshrined in the Charter of Fundamental Rights..