Activities of Cornelia ERNST related to 2021/0393(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1727 of the European Parliament and the Council and Council Decision 2005/671/JHA, as regards the digital information exchange in terrorism cases
Amendments (14)
Amendment 44 #
Proposal for a regulation
Recital 7
Recital 7
(7) To combat terrorism effectively, efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and Union agencies is crucial. It is essential to have the most complete and updated information possible. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information.
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 59 #
Proposal for a regulation
Recital 12
Recital 12
(12) For the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, reliable identification data is crucial. Due to the uncertainties regarding alphanumerical data especially for third country nationals, it should be possible to exchange biometric dataprovide to Eurojust biometric data, provided such data has been collected in accordance with national law in the context of criminal proceedings and in full respect of the procedural rights set out in Directives 2010/64/EU, 2012/13/EU, 2013/48/EU, 2016/343, 2016/800 and 2016/1919 of the European Parliament and of the Council. Due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, a strict necessity and proportionality test should be applied by the competent national authorities and Eurojust in each case.
Amendment 74 #
Proposal for a regulation
Recital 16
Recital 16
(16) For the purposes of exchanging and processing sensitive datapersonal data related to suspects and accused persons in criminal proceedings between competent national authorities and Eurojust and for protecting such data, which by nature is sensitive, against unauthorised disclosure and cyber attacks, and without prejudice to future technological developments, secure communication channels, such as the secure communication connections referred to in Article 9 of Council Decision 2008/976/JHA35 or the decentralised IT system as defined in Regulation (EU) […/…] of the European Parliament and of the Council36 [Regulation on the digitalisation of judicial cooperation] should be used. In order to exchange data securely and protect the integrity of the communication and data exchange, the case management system should be connected to such secure communication systems and meet high cybersecurity standards. _________________ 35 Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130). 36 Regulation (EU) […/…] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in civil, commercial and criminal law cases (OJ L…).
Amendment 77 #
Proposal for a regulation
Recital 18
Recital 18
(18) The transmission of unstructured data makes manual intervention necessary, creates additional administrative burden, and reduces the quality of the results of cross-checking. Therefore, national competent national authorities should transmit the data in a structured manner while respecting minimal interoperability requirements as defined in the European Interoperability Framework39 . In addition, the transfer of data should be automated as much as possible to lessen the administrative burden of national authorities and to ensure the necessary data is provided regularly and quickly. Transfer of sensitive data related to suspects and accused persons in criminal proceedings should not be fully automated, but subject to a transmission mode which is, at least partly, human controlled. For the purpose of data transfers under this Regulation, human control in the transmission mode should entail the verification of the quality and quantity of data to be transferred and of the transfer of data having been authorised by competent national authorities as well as the verification of necessity and proportionality requirements. The national authorities competent for the transfer of information should be responsible for the accuracy and legality of the acquisition of the information provided to Eurojust. _________________ 39 https://joinup.ec.europa.eu/collection/nifo- national-interoperability-framework- observatory/european-interoperability- framework.
Amendment 88 #
Proposal for a regulation
Recital 22
Recital 22
(22) Investigations and prosecutions in terrorism cases are oftencould be impeded by the lack of information exchange between national investigation and prosecution authorities. In order to be able to cross check new terrorist investigations also with previous investigations and establishidentify potential links, it ismight be necessary to store the data on any previous investigations, not only on convictions and and convictions related to terrorist cases. It should be possible to extend the time limits for storing data in the European Judicial Counter-Terrorism Register. However, it is necessary to ensure that such data is processed for prosecution purposes only on a case by case basis to the extent that such extension is necessary and proportionate for the purpose of ongoing operational activities. Data on previous investigations and convictions should be retained and processed for purposes related to cross- checking links with other investigations and prosecutions only. Information on previous investigations or prosecution related to persons who are not guilty, acquitted or otherwise rehabilitated should not be stored beyond the time that is necessary to perform the cross-checking and should be deleted if links between judicial proceedings are not identified. The information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1727
Article 20 – paragraph 2a
Article 20 – paragraph 2a
2a. Each Member State shall designate a competent national authority as Eurojust national correspondent for terrorism matters. This national correspondent for terrorism matters shall be a judicial or other competent authority. Where the national legal system requires, more than one authority can be designated. The national correspondent for terrorism matters shall have access to all relevant information in accordance with Article 21a(1). It shall be competent to collect such information and to send it to Eurojust.information about investigations and prosecution of terrorist offences, including those which ended in an acquittal or which were concluded in another way, judicial decisions such as pre-trial detention or opening of court proceedings, and judicial cooperation requests or identified links with other jurisdictions, to send such information to Eurojust and to carry out necessity and proportionality assessments. Before sending information to Eurojust, the national correspondent shall obtain authorisation from the responsible national authority to verify the quality and quantity of information to be transferred, and to assess the necessity and proportionality of the transfers of information, where the responsible national authority is different from the national correspondent;
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2018/1727
Article 22a – paragraph 3
Article 22a – paragraph 3
3. The competent national authorities shall transmit the information to Eurojust in accordance with Articles 21 and 21a to Eurojust in a semi-automated manner, subject to human control, from national registers and in a structured way determined by Eurojust. Operational personal data shall only be transmitted to the extent that that transmission is necessary and proportionate and subject to authorisation by competent national authorities on a case-by-case basis.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
4. In the performance of their duties, national members may process personal data on the individual cases, on which they are working, in accordance with this Regulation or other applicable instruments. Information on previous investigations and convictions related to terrorist cases may be processed by national members, on a case by case basis, to the extent that such processing is necessary and proportionate to the purpose of identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions.
Amendment 128 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The national member shall decide, on a case-by-case basis, whether to keep access to the information restricted or to give access to it or to parts of it to other national members, to liaison prosecutors seconded to Eurojust, to authorised Eurojust staff or to any other person working on behalf of Eurojust who has received the necessary authorisation from the Administrative Director. Decisions by the national members to give access to information transmitted in accordance with Articles 21 and 21a to other national members, to liaisons prosecutors seconded to Eurojust, to authorised Eurojust staff or to any other person working on behalf of Eurojust shall be made on a case by case basis, and access shall only be given to the extent such access is necessary and proportionate to the purpose of identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions. The decision to disclose information shall be communicated to the competent national authority and shall be included in the case file. Unless such communication would jeopardise the investigation or prosecution, the decision of the national member to disclose information shall also be communicated to the suspects and to accused persons.
Amendment 135 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b Regulation (EU) 2018/1727
Article 1 – paragraph 1 – point 7 – point b Regulation (EU) 2018/1727
Eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the Member State concerned, even in case of an acquittal. Where the proceedings did not result in a conviction, processing of personal data may only take place in order to identify links with other ongoing or concluded investigations and prosecutions as referred to in Article 23(2), point (c).; If links between judicial proceedings are not identified, information related to a person which is acquitted or to proceedings that ended on grounds that do not imply that person's guilt should be deleted.
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2018/1727
Article 29 – paragraph 1a – point b
Article 29 – paragraph 1a – point b
(b) 52 years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final, 31 years in case of an acquittal. in case of an acquittal or a final decision of non- prosecution; where the investigation or prosecution has resulted in a final verdict of not guilty or acquittal, operational personal data in relation to that investigation shall be removed;
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2018/1727
Article 29 – paragraph 2 – subparagraph 3
Article 29 – paragraph 2 – subparagraph 3
If operational personal data referred to in Article 27(4) are stored for a period exceeding five yearstwo years, or for a period exceeding one year in case of an acquittal or a final decision of non-prosecution, the EDPS shall be informed thereof.
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1727
Annex III – point d – indent 2
Annex III – point d – indent 2
— photographs., that have been collected in accordance with national law during criminal proceedings.