PURPOSE: to authorise Latvia to continue to receive
and supply of personal data for the purpose of automated searching
of dactyloscopic data (digital fingerprints).
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: Council
Decision 2008/615/JHA on the stepping up of cross-border
cooperation, particularly in combating terrorism and
cross-border crime, confers upon the Council implementing
powers with a view to adopting measures necessary to implement that
Decision, in particular as regards the receipt and supply of
personal data provided for under that Decision.
The supply of personal data provided for under that
Decision may not take place until the general provisions on data
protection have been implemented in the national law of the
territories of the Member States involved in such
supply.
Council
Decision 2008/616/JHA provides that the verification that the
condition with respect to automated data exchange has been met is
to be done on the basis of an evaluation report based on a
questionnaire, an evaluation visit and a pilot run.
An overall evaluation report, summarising the results
of the questionnaire, the evaluation visit and the pilot run
concerning dactyloscopic data exchange in Latvia has been presented
to the Council.
On the basis of the evaluation report, Council
Decision 2014/911/EU authorised Latvia to receive and supply
personal data for the purpose of automated searching of
dactyloscopic data.
Decision 2014/911/EU was annulled by the Court of
Justice of the European Union by its
judgement of 22 September 2016.
As the conditions for triggering the exercise of such
implementing powers have been met and the procedure in that regard
has been followed, an implementing decision on the automated data
exchange with regard to dactyloscopic data should be adopted with
regard to Latvia in order to replace the annulled Decision
2014/911/EU and allow that Member State to continue receiving
and supplying personal data pursuant to Decision
2008/615/JHA.
CONTENT: the proposed Council implementing Decision
seeks, for the purpose of automated searching of dactyloscopic
data, to authorise Latvia to be entitled to receive and supply
personal data pursuant to Decision 2008/615/JHA.
Decision 2014/911/EU ceases to produce effects as from
the date of entry into force of this Decision, without prejudice to
the validity of automated data exchange carried out pursuant to
that Decision by Member States.
Member States which obtained personal data pursuant to
Decision 2014/911/EU shall continue to be entitled to further
process those data at national level or between Member States for
the purposes laid down in Decision 2008/615/JHA.
The United Kingdom and Ireland shall participate in
the adoption of the proposed Decision.