Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
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Lead | LIBE | JAKI Patryk ( ECR) | VINCZE Loránt ( EPP), ROBERTI Franco ( S&D), TUDORACHE Dragoş ( Renew), BRICMONT Saskia ( Verts/ALE), LAPORTE Hélène ( ID), ERNST Cornelia ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
TFEU 016-p2
Legal Basis:
TFEU 016-p2Subjects
Events
PURPOSE: to amend Council Decision 2005/671/JHA, as regards its alignment with Union rules on the protection of personal data.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Directive (EU) 2016/680 of the European Parliament and of the Council provides for harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, including the safeguarding against, and the prevention of threats to public security (Data Protection Law Enforcement Directive). The Directive requires the Commission to review relevant other acts of Union law in order to assess the need to align them with that Directive and to make, where necessary, the proposals to amend those acts to ensure a consistent approach to the protection of personal data falling within the scope of that Directive.
Council Decision 2005/671/JHA lays down specific rules on the exchange of information and cooperation concerning terrorist offences. In order to ensure a consistent approach to the protection of personal data in the Union, that Decision should be amended to align it with Directive (EU) 2016/680.
In the interest of clarity, the references contained in Decision 2005/671/JHA to the legal instruments governing the operation of the European Union Agency for Law Enforcement Cooperation (Europol) should be updated.
CONTENT: this proposal aims to:
- align Council Decision 2005/671/JHA with the principles and rules laid down in the Data Protection Law Enforcement Directive, in order to ensure consistent approach to protection afforded to persons regarding the processing of personal data in order to: (i) specify that the processing of personal data under Council Decision 2005/671/JHA can only take place for the prevention, investigation, detection and prosecution of terrorist offences, in line with the purpose limitation principle; (ii) stipulate that the categories of personal data that can be exchanged should be defined more precisely by Union or Member State law.
Documents
Amendments | Dossier |
10 |
2021/0399(COD)
2022/09/15
LIBE
10 amendments...
Amendment 10 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Decision 2005/671/JHA Article 2– paragraph 3– subparagraph 1 a (new) Each Member State shall ensure that personal data is processed pursuant to the first subparagraph only for the purpose of the prevention, investigation, detection or prosecution of terrorist offences in compliance with Union law on data protection while also ensuring the confidentiality of the judicial proceedings.
Amendment 11 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Decision 2005/671/JHA Article 2 – paragraph 5 – subparagraph 1 a (new) (b a) in paragraph 5, the following subparagraph is added: 'The categories of personal data to be transmitted to Eurojust for the purpose referred to in paragraph 3 shall remain limited to those referred in Article 27(1) of the Eurojust Regulation.';
Amendment 12 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Decision 2005/671/JHA Article 2 – paragraph 6 a (new) (c a) the following paragraph is inserted: “6a. Each Member State shall ensure that personal data are processed pursuant to this Article in full compliance with Directive (EU) 2016/680 of the European Parliament and of the Council1a and only for the purpose of the prevention, investigation, detection or prosecution of terrorist offences.” _________________ 1a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 13 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Decision 2005/671/JHA Article 2 – paragraph 6 – subparagraph 1 a (new) The categories of personal data that
Amendment 4 #
Proposal for a directive Recital 1 (1) Directive (EU) 2016/680 of the European Parliament and of the Council9 provides for harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, including the safeguarding against, and the prevention of threats to public security. That Directive requires Member States to process personal data in a manner that ensures appropriate security of the personal data. The Directive requires the Commission to review relevant other acts of Union law in order to assess the need to align them with that Directive and to make, where necessary, the proposals to amend those acts to ensure a consistent approach to the protection of personal data falling within the scope of that Directive. _________________ 9 Directive (EU) 2016/680 of the European
Amendment 5 #
Proposal for a directive Recital 3 (3) In the interest of clarity, the references contained in Decision 2005/671/JHA to the legal instruments governing the operation of the European Union Agency for Law Enforcement Cooperation (Europol) ) and of the European Union Agency for Criminal Justice Cooperation (Eurojust) should be updated.
Amendment 6 #
Proposal for a directive Recital 3 a (new) Amendment 7 #
Proposal for a directive Recital 6 (6) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council11 and delivered an opinion on
Amendment 8 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Decision 2005/671/JHA Article 1 – paragaph 1 – point b (1) in Article 1, point (b) is
Amendment 9 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Decision 2005/671/JHA Article 1 – paragraph 1 – point c (1 a) in Article 1, point (c) is replaced by the following: '(c) 'Eurojust Regulation': Regulation (EU) 2018/1727 of the European Parliament and of the Council1a;'; _________________ 1a Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138).
source: 736.475
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Action to combat racism and xenophobia
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Action to combat terrorism
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