[ParlTrack]

Proposal for a directive
Recital 12 a (new)

(12a) Since the data relating to the identification of an offender is personal, Member States must take the measures necessary to ensure that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data2 is complied with. The owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence should be informed accordingly, when notified of the offence, of his or her rights regarding access to, rectification of and deletion of data and of the maximum legal period for which the data can be kept. 2 OJ L 281, 23.11.1995, p. 31.

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST, Georges BACH

Proposal for a directive
Recital 12 b (new)

(12b) Apart from the temporary nature of their storage, data collected under this Directive should not, under any circumstances, be used for purposes beyond what is required in order to follow up on road safety offences. The Commission and the Member States should accordingly ensure that the processing of personal data and the management of the software applications used will serve to prevent any data collected from being used for purposes other than those specifically related to road safety.

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST, Georges BACH

Proposal for a directive
Article 4 – paragraph 4

4. Member States shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means ~~and to~~without exchange of data involving other databases. Member States shall ensure that this exchange of information is conducted in a cost efficient and secure manner guaranteeing the confidentiality of the data transmitted, as far as possible using existing software applications such as the one especially designed for the purposes of Article 12 of Decision 2008/615/JHA, and amended versions of that software.

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST, Georges BACH

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)

The owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence shall be notified by means of the information letter that his or her personal data shall be treated in accordance with the provisions of Directive 95/46/EC and shall point out his or her rights as regards access, correction and deletion, as referred to in Article 7 of this Directive.

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST, Georges BACH

Proposal for a directive
Article 7 – paragraph 1

The provisions on data protection set out in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters9 shall apply to personal data processed under this DirectiveDirective 95/46/EC shall apply to personal data processed under this Directive. The competent authorities of the other Member States shall not store the information sent by the Member State of the offence. That information shall be sent and used solely for the purposes of this Directive, and, upon conclusion of proceedings, all data must be verifiably deleted. The Member State of registration shall record only the date and the competent authority of the Member State of the offence to whom the information was sent.

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST, Georges BACH

Proposal for a directive
Article 7 – paragraph 2 a (new)

Any person concerned shall have the right to obtain information on which personal data recorded in the State of registration were transmitted to the requesting Member State, including the date of the request and the competent authority of the Member State of the offence. Any person concerned shall have the right to obtain information on which data is recorded in the Member State of the offence.

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST

Proposal for a directive
Annex 1 – page 2 – section 1 a (new)

INFORMATION This case will be examined by the competent authority of ….[ name of the Member State of the offence]. If this case is not pursued, you will be informed within 60 days after receipt of the reply form. If this case is pursued, the following procedure applies: [to be filled in by the Member State of the offence - what the further procedure will be, including details of the possibility and procedure of appeal against the decision to pursue the case. These details shall in any event include: Name and address of the authority in charge of pursuing the case; deadline for payment; name and address of the body of appeal concerned; deadline for appeal]. This letter as such does not lead to legal consequences. Or. en (See amendment for Annex I last page)

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST

Proposal for a directive
Annex 1 – last page

INFORMATION This case will be examined by the competent authority of ….[ name of the Member State of the offence]. If this case is not pursued, you will be informed within 60 days after receipt of the reply form. If this case is pursued, the following procedure applies: [to be filled in by the Member State of the offence - what the further procedure will be, including details of the possibility and procedure of appeal against the decision to pursue the case. These details shall in any event include: Name and address of the authority in charge of pursuing the case; deadline for payment; name and address of the body of appeal concerned; deadline for appeal]. This letter as such does not lead to legal consequences. deleted Or. en (See amendment for Annex I page 2 section 1a (new))

2011/04/20
Committee: TRAN

Vilja SAVISAAR-TOOMAST

Proposal for a directive
Annex 1 a (new)

Data elements related to the search - referred to in Article 4 Item M[1] Remarks Data relating to the vehicle M Member State of registration M Licence number M Data relating to the offence M Member State of the offence M Reference date of the offence M Reference time of the offence M Purpose of the search M Code indicating the Directive of the European Parliament and of the Council facilitating the cross-border exchange of information on road safety related traffic offences 1 = Directive of the European Parliament and of the Council facilitating the cross- border exchange of information on road safety related traffic offences. Covering the following offences: Speeding, Drink- driving, Non use of seat belt, Failing to stop at red traffic light, Use of forbidden lane, Driving under the influence of drugs, Failing to wear a safety helmet, Illegally using a mobile phone or any other communication devices while driving [1] M = mandatory when available in national register Data elements provided - referred to in Article 4 Part I. Data relating to vehicles Item M/O[1] Remarks Licence number M Chassis number/VIN M Country of registration M Make M (D.1[2]) e.g. Ford, Opel, Renault, etc. Commercial type of the vehicle M (D.3) e.g. Focus, Astra, Megane EU Category Code M (J) mopeds, motorbikes, cars, etc. Part II. Data relating to holders or owners of the vehicle Item M/O[3] Remarks Data relating to holders of the vehicle (C.1[4]) The data refer to the holder of the specific registration certificate. Registration holders’ (company) name M (C.1.1.) separate fields shall be used for surname, infixes, titles, etc., and the name in printable format shall be communicated First name M (C.1.2) separate fields for first name(s) and initials shall be used, and the name in printable format shall be communicated Address M (C.1.3) separate fields shall be used for Street, House number and Annex, Post code, Place of residence, Country of residence, etc., and the Address in printable format shall be communicated Gender O Male, female Date of birth M Legal entity M individual, association, company, firm, etc. Place of Birth O ID Number O An identifier that uniquely identifies the person or the company. Data relating to owners of the vehicle (C.2) The data refer to the owner of the vehicle. Owners’ (company) name M (C.2.1) First name M (C.2.2) Address M (C.2.3) Gender O male, female Date of birth M Legal entity M individual, association, company, firm, etc. Place of Birth O ID Number O An identifier that uniquely identifies the person or the company. In case of scrap vehicles, stolen vehicles or number plates, or outdated vehicle registration no owner /holder information shall be provided. Instead, the message ‘Information not disclosed’ shall be returned. [1] M = mandatory when available in national register, O = optional. [2] Harmonised document abbreviation, see Council Directive 1999/37/EC of 29.4.1999. [3] M = mandatory when available in national register, O = optional. [4] Harmonised document abbreviation, see Council Directive 1999/37/EC of 29.4.1999.

2011/04/20
Committee: TRAN

Activities of Vilja SAVISAAR-TOOMAST related to 2008/0062(COD)

Plenary speeches (1)

Shadow reports (1)

Amendments (9)

ParlTrack - 2011-2024