This document is an excerpt from the EUR-Lex website
Document 52008AP0436
Protection of personal data * European Parliament legislative resolution of 23 September 2008 on the draft Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (16069/2007 — C6-0010/2008 — 2005/0202(CNS))
Protection of personal data * European Parliament legislative resolution of 23 September 2008 on the draft Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (16069/2007 — C6-0010/2008 — 2005/0202(CNS))
Protection of personal data * European Parliament legislative resolution of 23 September 2008 on the draft Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (16069/2007 — C6-0010/2008 — 2005/0202(CNS))
IO C 8E, 14.1.2010, p. 138–149
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.1.2010 |
EN |
Official Journal of the European Union |
CE 8/138 |
Tuesday 23 September 2008
Protection of personal data *
P6_TA(2008)0436
European Parliament legislative resolution of 23 September 2008 on the draft Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (16069/2007 — C6-0010/2008 — 2005/0202(CNS))
2010/C 8 E/36
(Consultation procedure — renewed consultation)
The European Parliament,
having regard to the draft Council Framework Decision (16069/2007),
having regard to the Commission proposal (COM(2005)0475),
having regard to its position of 27 September 2006 (1),
having regard to its position of 7 June 2007 (2),
having regard to Article 34(2)(b) of the EU Treaty,
having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0010/2008),
having regard to Rules 93, 51 and 55(3) of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0322/2008),
1. |
Approves the draft Council Framework Decision as amended; |
2. |
Calls on the Commission to amend its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Calls on the Council to consult Parliament again if it intends to amend the draft substantially or to replace it by another text; |
5. |
Calls on the Council and the Commission, following the entry into force of the Treaty of Lisbon, to treat as a priority any subsequent proposal designed to amend this text pursuant to Article 10 of the Protocol on Transitional Provisions to be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community and pursuant to Declaration No 50 relating to that Protocol, in particular with respect to the jurisdiction of the Court of Justice of the European Communities; |
6. |
Instructs its President to forward its position to the Council and the Commission, and the governments of the Member States. |
TEXT PROPOSED BY THE COUNCIL |
AMENDMENTS |
||||||
Amendment 1 |
|||||||
Draft Council Framework Decision Recital 4a (new) |
|||||||
|
|
||||||
Amendment 2 |
|||||||
Draft Council Framework Decision Recital 5 |
|||||||
|
|
||||||
Amendment 3 |
|||||||
Draft Council Framework Decision Recital 5 a |
|||||||
|
|
||||||
Amendment 4 |
|||||||
Draft Council Framework Decision Recital 6 b |
|||||||
|
deleted |
||||||
Amendment 5 |
|||||||
Draft Council Framework Decision Recital 7 |
|||||||
|
|
||||||
Amendment 6 |
|||||||
Draft Council Framework Decision Recital 8 b |
|||||||
|
|
||||||
Amendment 7 |
|||||||
Draft Council Framework Decision Recital 11 a |
|||||||
|
|
||||||
Amendment 8 |
|||||||
Draft Council Framework Decision Recital 13 a |
|||||||
|
|
||||||
Amendment 9 |
|||||||
Draft Council Framework Decision Article 1 — paragraph 2 — point c a (new) |
|||||||
|
|
||||||
Amendment 10 |
|||||||
Draft Council Framework Decision Article 1 — paragraph 4 |
|||||||
4. This Framework Decision is without prejudice to essential national security interests and specific intelligence activities in the field of national security. |
deleted |
||||||
Amendment 11 |
|||||||
Draft Council Framework Decision Article 2 — point l |
|||||||
|
|
||||||
Amendment 12 |
|||||||
Draft Council Framework Decision Article 7 |
|||||||
The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership and the processing of data concerning health or sex life shall be permitted only when this is strictly necessary and when the domestic law provides adequate safeguards . |
(1) The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership and the processing of data concerning health or sex life shall be prohibited . |
||||||
|
(2) By way of exception, such data may be processed if:
These specific categories of data may not be processed automatically unless domestic law provides appropriate safeguards. The same proviso shall also apply to personal data relating to criminal convictions. |
||||||
Amendment 13 |
|||||||
Draft Council Framework Decision Article 11 — paragraph 1 |
|||||||
1. All transmissions of personal data are to be logged or documented for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security. |
1. All transmissions , access to and subsequent processing of personal data are to be logged or documented for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security. |
||||||
Amendment 14 |
|||||||
Draft Council Framework Decision Article 12 — paragraph 1 — introductory part |
|||||||
1. Personal data received from or made available by the competent authority of another Member State may, in accordance with the requirements of Article 3(2), be further processed only for the following purposes other than those for which they were transmitted or made available: |
1. Personal data received from or made available by the competent authority of another Member State may, in accordance with the requirements of Article 3(2), be further processed only if necessary for the following purposes other than those for which they were transmitted or made available: |
||||||
Amendment 15 |
|||||||
Draft Council Framework Decision Article 12 — paragraph 1 — point d |
|||||||
|
|
||||||
Amendment 16 |
|||||||
Draft Council Framework Decision Article 14 — paragraph 1 — introductory part |
|||||||
1. Member States shall provide that personal data transmitted or made available by the competent authority of another Member State may be transferred to third States or international bodies or organisations established by international agreements or declared as an international body only if |
1. Member States shall provide that personal data transmitted or made available on a case-by-case basis by the competent authority of another Member State may be transferred to third States or international bodies or organisations established by international agreements or declared as an international body only if |
||||||
Amendment 17 |
|||||||
Draft Council Framework Decision Article 14 — paragraph 1 — point d |
|||||||
|
|
||||||
Amendment 18 |
|||||||
Draft Council Framework Decision Article 14 — paragraph 2 |
|||||||
2. Transfer without prior consent in accordance with paragraph 1, point c, shall be permissible only if transfer of the data is essential for the prevention of an immediate and serious threat to public security of a Member State or a third State or to essential interests of a Member State and the prior consent cannot be obtained in good time. The authority responsible for giving consent shall be informed without delay. |
2. Transfer without prior consent in accordance with paragraph 1, point c, shall be permissible only if transfer of the data is essential for the prevention of an immediate and serious threat to public security of a Member State or a third State or to essential interests of a Member State and the prior consent cannot be obtained in good time. In such a case, the personal data may be processed by the recipient only if absolutely necessary for the specific purpose for which the data were supplied. The authority responsible for giving consent shall be informed without delay. Such data transfers shall be notified to the competent supervisory authority. |
||||||
Amendment 19 |
|||||||
Draft Council Framework Decision Article 14 — paragraph 3 |
|||||||
3. By way of derogation from paragraph 1, point d, personal data may be transferred if |
3. By way of derogation from paragraph 1, point d, personal data may by way of exception be transferred if |
||||||
|
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Amendment 20 |
|||||||
Draft Council Framework Decision Article 14 — paragraph 4 |
|||||||
4. The adequacy of the level of protection referred to in paragraph 1, point d, shall be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations. Particular consideration shall be given to the nature of the data, the purpose and duration of the proposed processing operation or operations, the State of origin and the State or international organisation of final destination of the data, the rules of law, both general and sectoral, in force in the third State or international organisation in question and the professional rules and security measures which are complied with there. |
4. The adequacy of the level of protection referred to in paragraph 1, point d, shall be assessed by an independent authority in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations. Particular consideration shall be given to the nature of the data, the purpose and duration of the proposed processing operation or operations, the State of origin and the State or international organisation of final destination of the data, the rules of law, both general and sectoral, in force in the third State or international organisation in question and the professional rules and security measures which are complied with there. |
||||||
Amendment 21 |
|||||||
Draft Council Framework Decision Article 14a — title |
|||||||
Transmission to private parties in Member States |
Transmission to private parties and access to data received by private parties in Member States |
||||||
Amendment 22 |
|||||||
Draft Council Framework Decision Article 14a — paragraph 1 — introductory part |
|||||||
1. Member States shall provide that personal data received from or made available by the competent authority of another Member State may be transmitted to private parties only if: |
1. Member States shall provide that personal data received from or made available on a case-by-case basis by the competent authority of another Member State may be transmitted to private parties only if: |
||||||
Amendment 23 |
|||||||
Draft Council Framework Decision Article 14a — paragraph 2a (new) |
|||||||
|
2a. Member States shall provide that their respective competent authorities may have access to and process personal data controlled by private persons only on a case-by-case basis, in specific circumstances, for specified purposes and subject to judicial scrutiny in the Member States. |
||||||
Amendment 24 |
|||||||
Draft Council Framework Decision Article 14a — paragraph 2b (new) |
|||||||
|
2b. The national legislation of the Member States shall provide that, where private persons receive and process data as part of a public service remit, they are subject to requirements which are at least equivalent to or otherwise more stringent than those imposed on the competent authorities. |
||||||
Amendment 25 |
|||||||
Draft Council Framework Decision Article 17 — paragraph 1 — point a |
|||||||
|
|
||||||
Amendment 26 |
|||||||
Draft Council Framework Decision Article 22 — paragraph 2 — point h |
|||||||
|
|
||||||
Amendment 27 |
|||||||
Draft Council Framework Decision Article 22 — paragraph 2 — point j a (new) |
|||||||
|
|
||||||
Amendment 28 |
|||||||
Draft Council Framework Decision Article 24 |
|||||||
Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Framework Decision and shall in particular lay down effective, proportionate and dissuasive sanctions to be imposed in case of infringement of the provisions adopted pursuant to this Framework Decision. |
Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Framework Decision and shall in particular lay down effective, proportionate and dissuasive sanctions , including administrative and/or criminal penalties in accordance with national law, to be imposed in case of infringement of the provisions adopted pursuant to this Framework Decision. |
||||||
Amendment 29 |
|||||||
Draft Council Framework Decision Article 25 — paragraph 1a (new) |
|||||||
|
1a. Each Member State shall ensure that the supervisory authorities are consulted when drawing up administrative measures or regulations relating to the protection of individuals’ rights and freedoms with regard to the processing of personal data for the purpose of the prevention, investigation, detection and prosecution of criminal offences or the enforcement of criminal penalties. |
||||||
Amendment 30 |
|||||||
Draft Council Framework Decision Article 25a (new) |
|||||||
|
Article 25a Working Party on the Protection of Individuals with regard to the Processing of Personal Data for the purpose of the Prevention, Investigation, Detection and Prosecution of Criminal Offences 1. A Working Party on the Protection of Individuals with regard to the Processing of Personal Data for the purpose of the Prevention, Investigation, Detection and Prosecution of Criminal Offences, (‘the Working Party’), shall be established. It shall have advisory status and act independently. 2. The Working Party shall be composed of a representative of the supervisory authority or authorities designated by each Member State, a representative of the European Data Protection Supervisor, and a representative of the Commission. Each member of the Working Party shall be designated by the institution, authority or authorities which he or she represents. Where a Member State has designated several supervisory authorities, they shall nominate a joint representative. The chairpersons of the joint supervisory bodies set up under Title VI of the Treaty on European Union shall be entitled to participate in or to be represented at the meetings of the Working Party. The supervisory authority or authorities designated by Iceland, Norway and Switzerland shall be entitled to be represented at meetings of the Working Party insofar as issues related to the Schengen acquis are concerned. 3. The Working Party shall take its decisions by a simple majority of the representatives of the supervisory authorities. 4. The Working Party shall elect its chairperson. The chairperson's term of office shall be two years. His or her appointment shall be renewable. 5. The Working Party's secretariat shall be provided by the Commission. 6. The Working Party shall adopt its own rules of procedure. 7. The Working Party shall consider items placed on its agenda by its chairperson, either on his own initiative or at the request of a representative of the supervisory authorities, the Commission, the European Data Protection Supervisor or the chairpersons of the joint supervisory bodies. |
||||||
Amendment 31 |
|||||||
Draft Council Framework Decision Article 25b (new) |
|||||||
|
Article 25b Tasks 1. The Working Party shall:
2. If the Working Party finds differences between the laws and practices of Member States which are likely to affect the equivalence of protection for persons with regard to the processing of personal data in the European Union, it shall inform the Council and the Commission. 3. The Working Party may, on its own initiative or that of the Commission or the Council, make recommendations on all matters relating to the protection of persons with regard to the processing of personal data in the European Union for the purpose of the prevention, investigation, detection and prosecution of criminal offences. 4. The Working Party's opinions and recommendations shall be forwarded to the European Parliament, the Council and the Commission. 5. The Commission shall, on the basis of the information provided by the Member States, report to the Working Party on the action taken in response to its opinions and recommendations. That report shall be made public and shall also be forwarded to the European Parliament and the Council. The Member States shall inform the Working Party of any action taken by them pursuant to paragraph 1. 6. The Working Party shall draw up an annual report regarding the protection of natural persons with regard to the processing of personal data for the purpose of the prevention, investigation, detection and prosecution of criminal offences in the European Union and in third countries. The report shall be made public and shall be transmitted to the European Parliament, the Council and the Commission. |
||||||
Amendment 32 |
|||||||
Draft Council Framework Decision Article 27a — paragraph 1 |
|||||||
1. Three years after expiry of the period laid down in Article 28(1), Member States shall report to the Commission on the national measures they have taken to ensure full compliance with this Framework Decision, and particularly also with regard to those provisions that already have to be complied with when data is collected. The Commission shall examine in particular the implications of the provision on scope in Article 1(2). |
1. Three years after expiry of the period laid down in Article 28(1), Member States shall report to the Commission on the national measures they have taken to ensure full compliance with this Framework Decision, and particularly also with regard to those provisions that already have to be complied with when data is collected. The Commission shall examine in particular the application of Article 1(2). |
||||||
Amendment 33 |
|||||||
Draft Council Framework Decision Article 27a — paragraph 2a (new) |
|||||||
|
2a. To this end, the Commission shall take into account the observations forwarded by the parliaments and governments of the Member States, the European Parliament, the Article 29 Working Party established by Directive 95/46/EC, the European Data Protection Supervisor and the Working Party established by Article 25a of this Framework Decision. |
(1) OJ C 306 E, 15.12.2006, p. 263.
(2) OJ C 125 E, 22.5.2008, p. 154.