53 Amendments of Carlos COELHO related to 2013/0091(COD)
Amendment 177 #
Proposal for a regulation
Recital 39
Recital 39
(39) Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security. Europol should be obliged to co-operate with the European Data Protection Supervisor and the Joint Supervisory Authority and make the logs or documentation available upon request, so that they can be used for monitoring processing operations.
Amendment 185 #
Proposal for a regulation
Recital 42
Recital 42
(42) The European Data Protection Supervisor and national supervisory authorities should co-operate with each other on specific issues requiring national involvement and to ensuresupervise Europol operational data in a coordinated manner to ensure an effective and coherent application of this Regulation throughout the Union.
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘analysis’ means the assembly, processing or use of data with the aim of assisting criminal investigations;careful examination of information to discover its meaning and essential features with the aim of assisting criminal investigations and carrying out any of the other tasks listed in Article 4.
Amendment 209 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as specified in Annex 1organised crime, terrorism and other forms of serious crime, as specified in Annex I and affecting two or more Member States in such a way to require a common approach by the Member States taking in account the scale, significance and consequences of the offences.
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point i
Article 4 – paragraph 1 – point c – point i
(i) carried out jointly with the Member States' competent authorities, either in investigations already started by Member States or as a result of a request from Europol to a Member State to initiate a criminal investigation; or
Amendment 253 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Europol may directly cooperate with competent authorities of the Member States in respectthe framework of individual investigations. In that case, Europol shall inform the National Unit without delay and provide a copy of any information exchanged in the course of direct contacts between Europol and the respective competent authoritie being carried out by those authorities provided that this direct contact represents added value with a view to the successful conclusion of the investigation. Europol shall inform the National Unit of the need for such contact in advance. The National Unit shall determine with which competent authorities and under which conditions Europol may have direct contacts and ensure that the lawfulness and quality of the personal data is ensured before it is transmitted to Europol. Europol shall provide, as soon as possible, a copy of the information exchanged through these direct contacts.
Amendment 293 #
Proposal for a regulation
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
(na) Appoint a Data Protection Officer;
Amendment 328 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) by private parties in accordance with Article 29(2)32 and private persons in accordance with Article 33.
Amendment 331 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Europol may directly retrieve and process information, including personal data, from publicly available sources, such as the media, including the internet and public data, if it is ensured that such processing is restricted to what is necessary for achieving Europol's objectives and compliant in particular with the general data protection principles as purpose limitation, data minimisation and effective data retention provisions, in accordance with the data protection provisions of this Regulation.
Amendment 369 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall have indirect access on the basis of a hit/no hit system to information provided for the purposes of Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State that provided the information to Europol.
Amendment 379 #
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5a. Europol, Eurojust and OLAF shall inform each other if, after consultation of each other's data there are indications that data may be incorrect or conflicting with other data.
Amendment 436 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
Article 31 – paragraph 2 – subparagraph 2
Moreover the Management Board may, in agreement with the European Data Protection Supervisor and the Joint Supervisory Authority, authorise a set of transfers in conformity with points (a) to (d) above, on a case-by-case basis and taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, for a period not exceeding one year, renewable.
Amendment 439 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Executive Director shall inform the Management Board and, the European Data Protection Supervisor and the Joint Supervisory Authority of cases where he/sheit applied paragraph 2.
Amendment 454 #
Proposal for a regulation
Article 34 – paragraph 1 – point d
Article 34 – paragraph 1 – point d
(d) accurate and, where necessary, always kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 484 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. No decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2, unless the decision is expressly authorised pursuant to national or Union legislation or, if necessary, by the European Data Protection SupervisorJoint Supervisory Authority.
Amendment 488 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Every six months Europol shall providmake an overview of all personal data referred to in paragraph 2 processed by it, available at Europol, to the European Data Protection Supervisor and the Joint Supervisory Authority..
Amendment 499 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Europol shall notify a personal data breach to the data protection officer, to the Data Protection Supervisor and to the Joint Supervisory Authority.
Amendment 506 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 520 #
Proposal for a regulation
Article 39 – paragraph 5 – introductory part
Article 39 – paragraph 5 – introductory part
5. Access to personal data shall be refused or restricted, if it constituteThe provision of information in response to a request under paragraph 1 shall be refused to the extent that such partial or complete refusal is a necessary measure to:
Amendment 539 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The prior checks shall be carried out by the European Data Protection Supervisor and the Joint Supervisory Authority following receipt of a notification from the Data Protection Officer who, in case of doubt as to the need for prior checking, shall consult the European Data Protection Supervisor and the Joint Supervisory Authority.
Amendment 541 #
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 1
Article 42 – paragraph 3 – subparagraph 1
The Joint Supervisory Authority and the European Data Protection Supervisor shall deliver his/herits opinion within two months following receipt of the notification. This period may be suspended until the European Data Protection SupervisorSupervisory Authorities hasve obtained any further information that he/sheit may have requested. When the complexity of the matter so requires, this period may also be extended for a further two months, by decision of the European Data Protection SupervisorSupervisory Authorities. This decision shall be notified to Europol prior to expiry of the initial two-month period.
Amendment 543 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The European Data Protection Supervisor and the Joint Supervisory Authority shall keep a register of all processing operations have been notified to him/herit pursuant to paragraph 1. Such a register shall be integrated into the register referred to in Article 27(5) of Regulation (EC) No 45/2001.
Amendment 545 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Logs or documentation prepared under paragraph 1 shall be communicated on request to the European Data Protection Supervisor and the Joint Supervisory Authority for the control of data protection. The European Data Protection SupervisorSupervisory Authorities shall use that information only for the control of data protection and ensuring proper data processing as well as data integrity and security.
Amendment 551 #
Proposal for a regulation
Article 44 – paragraph 7 – point e
Article 44 – paragraph 7 – point e
(e) cooperating with the European Data Protection Supervisor; and the Joint Supervisory Authority.
Amendment 552 #
Proposal for a regulation
Article 44 – paragraph 7 – point f
Article 44 – paragraph 7 – point f
(f) preparing an annual report and communicating that report to the Management Board and, to the European Data Protection Supervisor and the Joint Supervisory Authority.
Amendment 561 #
Proposal for a regulation
Article 44 – paragraph 10
Article 44 – paragraph 10
10. If the Data Protection Officer considers that the provisions of this Regulation concerning the processing of personal data have not been complied with, he/she shall inform the Executive Director, requiring him/her to resolve the non-compliance within a specified time. If the Executive Director does not resolve the non- compliance of the processing within the time specified, the Data Protection Officer shall inform the Management Board and they shall agree a specified time for a response. If the Management Board does not resolve the non-compliance of the processing within the time specified, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor or the Joint Supervisory Authority, according to their respective competences.
Amendment 565 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Supervision by theat national supervisory authoritylevel
Amendment 566 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. National supervisory authorities shall, in accordance with the relevant national procedures, supervise the activities of National Units and the activities of liaison officers, in so far as such activities are of relevance to the protection of personal data. They shall also keep the European Data Protection Supervisor and the Joint Supervisory Authority informed of any actions they take with respect to Europol.
Amendment 568 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Supervision by the European Data Protection Supervisoron operational data
Amendment 570 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol, and for advising Europol and data subjsupervision of Europol operational personal data processing, without prejudice to the competences provided by Article 48, shall be performed by a Joint Supervisory Authority, composed by the European Data Protects ion all matters concerning the processing of personal data. To this end, he/ she shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3.Supervisor and one representative from each national supervisory authority pursuant to Article 45
Amendment 571 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. The Joint Supervisory Authority shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing of personal data by Europol, and for advising Europol and data subjects on all matters concerning the processing of personal data. To this end, it shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3 and 4.
Amendment 573 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The European Data Protection SupervisorJoint Supervisory Authority shall have the following duties under this Regulation:
Amendment 574 #
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) hear and investigate complaints, and inform the data subject of the outcome within a reasonable periodassist the European Data Protection Supervisor in the investigation of complaints;
Amendment 577 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) conduct inquiries either on his/herits own initiative or on the basis of a complaint, and inform the data subjects of the outcome within a reasonable period;
Amendment 579 #
Proposal for a regulation
Article 46 – paragraph 2 – point d
Article 46 – paragraph 2 – point d
(d) advise Europol, either on his/herits own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before they draw up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data;
Amendment 581 #
Proposal for a regulation
Article 46 – paragraph 2 – point f
Article 46 – paragraph 2 – point f
(f) keep a register of processing operations notified to him/herit by virtue of Article 42(1) and registered in accordance with 42(4),
Amendment 582 #
Proposal for a regulation
Article 46 – paragraph 2 – point g
Article 46 – paragraph 2 – point g
(g) carry out a prior check of processing notified to him/herit.
Amendment 584 #
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
3. The European Data Protection SupervisorJoint Supervisory Authority may under this Regulation:
Amendment 587 #
Proposal for a regulation
Article 46 – paragraph 3 – point h
Article 46 – paragraph 3 – point h
Amendment 588 #
Proposal for a regulation
Article 46 – paragraph 3 – point i
Article 46 – paragraph 3 – point i
Amendment 590 #
Proposal for a regulation
Article 46 – paragraph 4 – introductory part
Article 46 – paragraph 4 – introductory part
4. The European Data Protection SupervisorJoint Supervisory Authority shall have the power:
Amendment 592 #
Proposal for a regulation
Article 46 – paragraph 4 – point a
Article 46 – paragraph 4 – point a
(a) to obtain from Europol access to all personal data and to all information necessary for his/herits enquiries;
Amendment 593 #
Proposal for a regulation
Article 46 – paragraph 4 a (new)
Article 46 – paragraph 4 a (new)
4a. Where appropriate, the European Data Protection Supervisor either on his/her own initiative or on request of the Joint Supervisory Authority may under this Regulation refer the matter to the Court of Justice of the European Union under the conditions provided for in the Treaty. The European Data Protection Supervisor may also intervene in actions brought before the Court of Justice of the European Union.
Amendment 594 #
Proposal for a regulation
Article 46 – paragraph 4 b (new)
Article 46 – paragraph 4 b (new)
4b. The Joint Supervisory Authority may also examine difficulties of interpretation in the application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of the data subjects, draw up harmonised proposals for joint solutions for any problems and promote awareness of data protection rights.
Amendment 598 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The European Data Protection SupervisorJoint Supervisory Authority shall draw up an annual report on the supervisory activities on Europol. This report shall be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001 to be presented to the European Parliament, to the Council, to the European Commission and to national parliaments..
Amendment 599 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Members of the Joint Supervisory Authority and Members and staff of the European Data Protection Supervisor shall be bound by the obligation of confidentiality in accordance with Article 69.
Amendment 602 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Amendment 604 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with national sJoint Supervisory aAuthorities on specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between the practices of Member States or potentially unlawful transfer in the use of Europol's channels for exchange of information, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationy shall meet where needed. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed as necessary.
Amendment 606 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. In tThe caseosts referrlated to in paragraph 1, the European Data Protection Supervisor and the national sall the supervising activities of the Joint Supervisory aAuthoritiesy shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary be borne by the European Data Protection Supervisor, who shall also provide for the Secretariat services.
Amendment 608 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 612 #
Proposal for a regulation
Article 48 – title
Article 48 – title
Supervision on Administrative personal data and Staff data
Amendment 614 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
The European Data Protection Supervisor shall have exclusive competence on this area. Regulation (EC) No 45/2001 shall apply to all personal data of Europol staff members as well as administrative personal data held by Europol.