PURPOSE: to launch the automated data exchange with
regard to DNA data in Denmark.
PROPOSED ACT: Council Implementing
Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts
the act after consulting the European Parliament but without being
obliged to follow its opinion.
BACKGROUND: according to Decision
2008/615/JHA on the stepping up of cross-border cooperation,
particularly in combating terrorism and cross-border crime, the
supply of personal data provided for under that Decision may not
take place until the general provisions on data protection set out
in that Decision.
Council
Decision 2008/616/JHA on the implementation of Decision
2008/615/JHA provides that the verification that the above
condition has been met with respect to automated data exchange is
to be done on the basis of: (i) an evaluation report based on a
questionnaire, (ii) an evaluation visit and (iii) a pilot
run.
Denmark completed the questionnaire on data protection
and the questionnaire on DNA data exchange. A successful pilot run
was carried out by Denmark with the Netherlands.
An evaluation visit took place in Denmark.
An overall evaluation report was presented in which
the Council concluded, on 12 July 2016, that Denmark had fully
implemented the general provisions on data protection set out in
Chapter 6 of Decision 2008/615/JHA.
CONTENT: this draft Council implementing Decision
aims, for the purposes of automated searching and comparison of
DNA data, to authorise Denmark to receive and supply personal
data pursuant to Decision 2008/615/JHA as from the date of the
entry into force of this Decision.
The United Kingdom and Ireland shall take part in the
adoption of the proposed Decision.