180 Amendments of Patrick BREYER related to 2020/0349(COD)
Amendment 127 #
Proposal for a regulation
Recital 2
Recital 2
(2) Europe faces a security landscape in flux, with evolving and increasingly complex security threats. CPeople engaged in criminals and or terrorist activities exploit the advantages that the digital transformation and new technologies bring about, including the inter-connectivity and blurring of the boundaries between the physical and digital world. The COVID-19 crisis has added to this, as criminaland its socio-economic consequences have added to this, as people engaged in criminal activities have quickly seized opportunities to exploit the crisis by adapting their modes of operation or developing new criminal activities. Terrorism remains a significant threat to the freedom and way of life of the Union and its citizens.
Amendment 132 #
Proposal for a regulation
Recital 4
Recital 4
(4) As Europe faces increasing threats from organised crime groups and terrorist attacks, an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situationcooperation of special intervention units. In the Union, the law enforcement units of the Member State cooperate on the basis of Council Decision 2008/617.53 Europol should be able to provide support tomay assist with the cooperation of these special intervention units, including by providing operational, and technical and financial support. _________________ 53Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations (OJ L 210, 6.8.2008).
Amendment 133 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 136 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 138 #
Proposal for a regulation
Recital 7
Recital 7
(7) The threats posed by serious crime require a coordinated, coherent, multi- disciplinary and multi-agency response. Europol shouldmay be able to facilitate and support such intelligence-led security initiativsupport operational and strategic activities driven by Member States to identify, prioritize and address serious crime threats, such as the European Multidisciplinary Platform Against Criminal Threats. Europol should be able to provide administrative, logistical, financial and operational support to such activities, supporting the identification of cross-cutting priorities and the implementation of horizontal strategic goals in countering serious crime.
Amendment 139 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 141 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Schengen Information System (SIS), established in the field of police cooperation and judicial cooperation in criminal matters by Regulation (EU) 2018/1862 of the European Parliament and of the Council55 56 , is an essentialone of the existing tools for maintaining a high level of security within the area of freedom, security and justice. Europol, as a hub for information exchange in the Union, receives and holds valuable information from third countries and international organisations on persons suspected to beor accused of being involved in a crimes falling within the scope of Europol's mandate. Following consultation with the Member States, Europol should beinal offence in respect of which Europol is competent. Europol may propose Member States to enter able to enter data on these persons in the SISrts in the SIS pursuant to Regulation(EU) 2018/1862 and in full respect of fundamental rights and data protection rules, in order to make it available directly and in real-time to SIS end-users.. _________________ 55 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56– 106). 56 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56– 106).
Amendment 143 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 147 #
Proposal for a regulation
Recital 10
Recital 10
(10) Risk assessments are an essential element of foresightmay contribute to anticipate new trends and to address new threats in serious crime and terrorism. To support the Commission and the Member States in carrying out effective risk assessments, Europol should provide threats assessment analysis based on the information it holds on criminal phenomena and trends, without prejudice to the EU law provisions on customs risk manageEuropol should provide threats assessment analysis to the Commission, the JSPG, and the Member States based on the information it holds on criminal phenomena and trends and should make public its methodology, criteria and indicators used for the threat assessment analysis. The Fundamental Rights Officer should assist with risk assessments.
Amendment 148 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 153 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 159 #
Proposal for a regulation
Recital 14
Recital 14
(14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to request the competent authorities of athe Member State concerned via the national units to initiate, conduct or coordinate a criminal investigation of a crime, which affects a common interest covered by a Union policy, even where the crime concerned is not of a cross-border nature in accordance with national procedure, including prior judicial authorisation where applicable, which affects a common interest covered by a Union policy. Europol should inform Eurojust of such requests.
Amendment 161 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 164 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 165 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure that processing of personal data by Europol is strictly necessary and limited to the categories of data subjects whose data may be processed under this Regulation, Europol should be able to verify if personal data received pursuant to Article 17(1) and (2) in the context of preventing and countering crimes falling within the scope of Europol’s objectives set out in Article 3 corresponds to one of those categories of data subjects. listed in Annex II. To that end, Europol should be able to carry out a pre-analysis of personal data received with the sole purpose of determining whether such data falls into those categories of data subjects listed in Annex II. To this end, Europol should be able to filter the data by checking it against data already held by Europol. Such pre-analysis should take place prior to Europol’s data processing f, in consultation with the Data Protection Officer and the Fundamental Rights Officer, may check the data against data already held by Europol. Data, including personal data, should not be used or cpross-checking, strategic analysis, operational analysis or exchange of informationceed until the pre-analysis is concluded. If the pre-analysis indicates that personal data received does not fall into the categories of data subjects whose data may be processed under this Regulation, Europol should delete that datae dataset received. The EDPS should be informed about all the pre-analysis carried out by Europol.
Amendment 168 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 170 #
Proposal for a regulation
Recital 17
Recital 17
(17) Data collected in criminal investigations have been increasing in size and have become more complex. Member States submit large and complex datasets to Europol, requesting Europol’s operational analysis to detect links to other crimes and criminalpeople engaged in criminal activities in other Member States and outside the Union. Member States cannot detect such cross-border links through their own analysis of the data. Europol should be able to support Member States’ criminal investigations by processing large and complex datasets to detect such cross- border links where the strict requirements and safeguards set out in this Regulation are fulfilled. Where necessary to support effectively a specific criminal investigation in a Member State, Europol should be able to process those data sets that national authorities have acquired in the context of that criminal investigation in accordance with procedural requirements and safeguards applicable under their national criminalconsistent with international human rights law and subsequently submitted to Europol. Where a Member State provides Europol with an investigative case file requesting Europol’s support for a specific criminal investigation, Europol should be able to process all data contained in that file for as long as it is strictly necessary to supports that specific criminal investigation and complies with the requirement and safeguards set out in this Regulation, including that the processing of personal data is limited to the categories of data subjects in Annex II. Europol should also be able to process personal data that is strictly necessary for its support to a specific criminal investigation in a Member State if that data originates from a third country, provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, and provided that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal consistent with international human rights law.
Amendment 173 #
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure that any data processing by Europol is necessary and proportionate, Member States should ensure compliance with national and Union law when they submit an investigative case file to Europol. Europoldecide to submit data to Europol, including where applicable prior judicial authorisation. Europol, in consultation with the Data Protection Officer and the Fundamental Rights Officer, should verify whetherthat, in order to support a specific criminal investigation, ionly personal data that is necessary and proportionate to process personal data that may noand that falls into the categories of data subjects whose data may generally be processed under Annex II of Regulation (EU) 2016/794 is processed. Europol should document that assessment. Europol should store such data with functional separation from other data and should only process it where necessary for its support to the specific criminal investigation, such as in case of a new leadssessment.
Amendment 174 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 175 #
Proposal for a regulation
Recital 19
Recital 19
(19) To ensure thatIn exceptional cases and when strictly necessary, proportionate, duly justified and according to national law, a Member State canmay use Europol’s analytical reports as part of judicial proceedings following a criminal investigation, Europol shouldprovided that they are not the result of interception of private communications and Europol may be able to store the related investigative case file upon request of that Member State until the judicial proceeding is concluded for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process, as well as compliance with fundamental and procedural rights, and data protection rules in accordance with Regulation (EU) 2018/1725. Europol should store such data separately and only for as long as the judicial proceedings related to that criminal investigation are on-going in the Member State. There is a neAny information, including the procedure under which this information has been collected, tohat authorized Europol staff may provide in criminal judicial proceedings shall be lawful, fair, transparent and traceable. Europol should ensure access of competent judicial authorities as well as the rights of defence, in particular the right ofdefence lawyers, suspects orand accused persons tor their lawyers of ac materials of the case and to information deemed necessary to the materials of the caseensure that the information provided complies with fundamental and procedural rights, including procedural safeguards provided for in Union law and in particular the right to a fair trial.
Amendment 177 #
Proposal for a regulation
Recital 20
Recital 20
(20) Cross-border cases of serious crime or terrorism require close collabooperation between the competent law enforcement authorities of the Member States concerned. Europol provides tools to supports such cooperation in investigations, notably through the exchange of information. To further enhance such cooperation in specific investigations by wayin the context of joint operational analysis, Member States should be able to allow other Member States to access directly the information they provided to Europol, without prejudice to any restrictions they put on access to that information. Any processing of personal data by Member States in joint operational analysis should take place in accordance with the rules and safeguards set out in this Regulationcompliance with personal data rules in accordance with Regulation (EU) 2018/1725 and Directive (EU) 2016/680, as applicable, as well as the safeguards set out in this Regulation. The Data Protection Officer and the Fundamental Rights Officer should be informed about the support provided by Europol in the context of joint operational analysis.
Amendment 178 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 179 #
Proposal for a regulation
Recital 21
Recital 21
(21) Europol may provides operational support to the criminal investigations of the competent authorities of the Member States, especially by providing operational and forensic analysis, when national law allows it. Member States should be able to make the results of these activities available to their relevant other authorities, including prosecutors and criminal courts, as well as defence lawyers, throughout the whole lifecycle of criminal proceedings]. To that end, authorized Europol staff should be enabled to givprovide evidence, which came to their knowledge in the performance of their duties or the exercise of their activities, provided that it does not result from the interception of private communications, in criminal proceedings, without prejudice to the applicable use restrictions and national criminal procedural law. Any evidence, including the procedure under which this evidence has been collected, that authorized Europol staff provides in criminal proceedings shall be lawful, fair, transparent and traceable.
Amendment 181 #
Proposal for a regulation
Recital 22
Recital 22
(22) Europol and the European Public Prosecutor’s Office (‘EPPO’) established by Council Regulation (EU) 2017/193958 , should put necessary arrangements in place to optimise their operationalconclude working arrangements setting out the modalities of the cooperation, ,taking due account of their respective tasks and mandates. Europol should work closely with the EPPO and actively support the investigations and prosecutions of the EPPO upon its request, including by providing analytical support and exchanging relevant information, as well as cooperate with it, from the moment a suspected offence is reported to the EPPO until the moment it determines whether to prosecute or otherwise dispose of the case. Europol should, without undue delay, report to the EPPO any criminal conduct in respect of which the EPPO could exercise its competence. To enhance operational cooperation between Europol and the EPPO, Europol should enable the EPPO to have access, on the basis of a hit/no hit system, to data available at Europol, in accordance with the safeguards and data protection guarantees provided for in this Regulation. The rules on the transmission to Union bodof operational personal data to Union institutions, bodies, offices and agencies set out in this Regulation (EU) 2017/1939 should apply to Europol’s cooperation with the EPPO. Europol should also be able to support criminal investigations by the EPPO by way of analysis of large and complex datasets in accordance with the safeguards and data protection guarantees provided for in this Regulation. _________________ 58Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1–71).
Amendment 182 #
Proposal for a regulation
Recital 24
Recital 24
(24) Serious crime and terrorism often have links beyond the territory of the Union. Europol can exchange personal data with third countries while safeguarding the protection of privacy and fundamental rights and freedoms of the data subjects. To reinforce cooperation with third countri, provided that the third country is subject to a Commission decision finding that the country ensures ian preventing and countering crimes falling within the scope of Europol’s objectives, the Executive Director of Europol should be allowed to authorise categories ofadequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfers of personal data to third countries in specific situfor law enforcement purposes, or a cooperations and on a case-by-case basis, where such a group of transfers related to a specific situation are necessary and meet all the requirements of this Regulationgreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, as well as the protection of privacy and fundamental rights and freedoms of the data subjects is safeguarded.
Amendment 185 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 187 #
Proposal for a regulation
Recital 25
Recital 25
(25) To support Member States in cooperating with private parties providing cross-border services where those private parties hold information relevant for preventing and combatting serious crime, Europol should be able to receive, and in specificexceptional circumstances, exchange personal data with private parties.
Amendment 189 #
Proposal for a regulation
Recital 26
Recital 26
(26) CriminalPeople engaged in criminal activities increasingly use cross- border services of private parties to communicate and carry out illegal activities. Sex offenders may abuse children and share pictures and videos world-wide using online platforms on the internet. Terrorists may abuse cross-border services by online service providers to recruit volunteers, plan and coordinate attacks, and disseminate propaganda. Cyber criminals profit from the digitalisation of our societies and from the lack of digital literacy and skills of the general population using phishing and social engineering to commit other types of cybercrime such as online scams, ransomware attacks or payment fraud. As a result from the increased use of online services by criminalpeople engaged in criminal activities, private parties hold increasing amounts of personal data that may be relevant for criminal investigations.
Amendment 193 #
Proposal for a regulation
Recital 27
Recital 27
(27) Given the borderless nature of the internet, these services can often be provided from anywhere in the world. As a result, victims, perpetrators, and the digital infrastructure in which the personal data is stored and the service provider providing the service may all be subject to different national jurisdictions, within the Union and beyond. Private parties may therefore hold data sets relevant for law enforcement which may contain personal data with links to multiple jurisdictions as well as personal data which cannot easily be attributed to any specific jurisdiction. National authorities of Member States may find it difficult to effectively analyse such multi- jurisdictional or non- attributable data sets through national solutions. When private parties decide to lawfully and voluntarily share the data with law enforcement authorities, they do currently not have a single point of contact with which they can share such data sets at Union-level. Moreover, private parties face difficulties when receiving multiple requests from competent law enforcement authorities of different countries.
Amendment 195 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 197 #
Proposal for a regulation
Recital 28
Recital 28
(28) To ensure that private parties have a point of contact at Union level to lawfully and voluntarily share multi- jurisdictional data sets or data sets that could not be easily attributed so far to one or several specific jurisdictions, Europol should be able to receive personal data directly from private parties for the sole purpose to establish jurisdiction, in accordance with the safeguards and data protection guarantees provided for in this Regulation.
Amendment 198 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 199 #
Proposal for a regulation
Recital 29
Recital 29
(29) To ensure that Member States receive quicklwithout undue delay the relevant information necessary to initiate investigations to prevent and combat serious crime and terrorism, Europol should be able to process and analyse such data sets in order to identify the relevant Member States and forward to the national law enforcement authorities concerned’ national units concerned and forward them the information and analysis necessary to investigate these crimes under their respective jurisdictions, in accordance with the safeguards and data protection guarantees provided for in this Regulation.
Amendment 201 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 203 #
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that itEuropol can identify all relevant national law enforcement authoritieunits concerned, Europolit should be able to inform private parties when the information received from them is insufficient to enable Europol to identify the law enforcement authorities concernedestablish jurisdiction. This would enable private parties which have shared information with Europol to decide whether it is in their interest to share additional information with Europol and whether they can lawfully do so. To this end, Europol can inform private parties of missing information, as far as this is strictly necessary for the identification of the relevant law enforcement authorities. Special safeguards should apply to such transfers in particular wsole purpose of identifying the relevant Member States’ national units concerned. When the private party concerned is not established within the Union or in a third country with which Europol has a cooperation agreement allowing for the exchange of personal data, or with which the Union has concluded an international agreement pursuant to Article 218 TFEU providing for appropriate safeguards, or which is the subject of an adequacy decision by the Commission, finding that the third country in question ensures an adequate level of data protectionsuch exchanges of information should not take place.
Amendment 204 #
Proposal for a regulation
Recital 31
Recital 31
(31) Member States, or third countries, international organisation, including the International Criminal Police Organisation (Interpol), or private partiesprovided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, and provided that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law, may share multi- jurisdictional data sets or data sets that cannot be attributed to one or several specific jurisdictions with Europol, where those data sets contain links to personal data held by private parties and is linked to a specific criminal activity falling within the scope of Europol’s objectives set out in Article 3. Where it is necessary to obtain additional information from such private parties to identify all relevant Member States concerned, Europol should be able to ask Member States, via their national units, to request private parties which are legally established or have a legal representative in their territory to share personal data with Europol in accordance with those Member States’ applicable lawthat are linked to a specific criminal activity falling within the scope of Europol’s objectives set out in Article 3, in accordance with those Member States’ national law in compliance with Union law. Under the jurisprudence of the Court of Justice of the European Union, prior authorisation from a court or an independent administrative authority is generally required for private parties to disclose personal data to Member States national competent authorities, except in duly justified emergency situations. In many cases, these Member States may not be able to establish a link to their jurisdiction other than the fact that the private party holding the relevant data is established under their jurisdiction. Irrespective of their jurisdiction with regard the specific criminal activity under the scope of Europol’s objectives subject to the request, Member States should therefore ensure that their competent national authorities can obtain personal data from private parties for the purpose of supplying Europol with the information necessary for it to fulfil its objectives set out in Article 3 of this Regulation, in full compliance with procedural guarantees under their national laws.
Amendment 207 #
Proposal for a regulation
Recital 32
Recital 32
(32) To ensure that Europol does not keep the data longer than necessary to identify the Member States concerned, time limits for the storage of personal data by Europol in accordance with Regulation (EU) 2018/1725 should apply. Once Europol has exhausted all means at its disposal to identify all Member States concerned, and cannot reasonably expect to identify further Member States’ national units concerned, the storage of this personal data is no longer necessary and proportionate for identifying the Member States concerned. Europol should erase the personal data within fourone months after the last transmission has taken place, unless a national unit, contact point or authority concerned resubmits the personal data as their data to Europol within this periodit is resubmitted by a Member State’s national unit as its data to Europol while complying with Regulation (EU) 2018/1725. If the resubmitted personal data has been part of a larger set of personal data, Europol should only keep the personal data if and in so far as it has been resubmitted by a national unit, contact point or authority concerned. Member State’s national unit and where it is strictly necessary.
Amendment 209 #
Proposal for a regulation
Recital 33
Recital 33
(33) Any cooperation of Europol with private parties should neither duplicate nor interfere with the activities of the Financial Intelligence Units (‘FIUs’), and should only concern information that is not already to be provided to FIUs in accordance with Directive 2015/849 of the European Parliament and of the Council59 . Europol should continue to cooperate with FIUs in particular via the national units. _________________ 59 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
Amendment 210 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Private parties that cooperate with Europol should not transmit or transfer the data received from Europol to any other party. The Data Protection Officer and the Fundamental Rights Officer should be informed and involved in all data exchanges between Europol and private parties
Amendment 212 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 214 #
Proposal for a regulation
Recital 35
Recital 35
(35) Terrorist attacks may trigger the large scale dissemination of terrorist content via online platforms depicting harm to life or physical integrity, or calling for imminent harm to life or physical integrity. To ensure that Member States can effectively preventaddress the dissemination of such content in the context of such crisis situations stemming from ongoing or recent real-world events, Europol should be able to exchange personal data with private parties, including hashes, IP addresses or URLs related to such content, necessary which are established in a Member State or in a third country, provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, limited to IP addresses or URLs related to such content, and where it is strictly necessary and proportionate in order to support Member States in preventaddressing the dissemination of such content, in particular where this content aims at or has the effect of seriously intimidating a population, and where there is an anticipated potential for exponential multiplication and virality across multiple online service providers.
Amendment 216 #
Proposal for a regulation
Recital 36
Recital 36
(36) Regulation (EU) 2018/1725 of the European Parliament and of the Council60 61that sets out rules on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies but it, did not apply to Europol. To ensure uniform and consistent protection of natural persons with regard to the processing of personal data, Regulation (EU) 2018/1725 should be made applicable ledirectly apply to Europol in accordance with Article 2(2) of that Regulation, and should be complemented by specific provisions for the specific processing operations that Europol should perform to accomplish its tasks. _________________ 60Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 61Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 217 #
Proposal for a regulation
Recital 37
Recital 37
Amendment 219 #
Proposal for a regulation
Recital 37
Recital 37
(37) Given the challenges that the use of new technologies by criminalspeople engaged in criminal activities may pose to the Union’s security, law enforcement authorities armay be required to strengthen their technological capacities. To that end, Europol shouldmay support Member States in the use of emerging technologies in preventing and countering crimes falling within the scope of Europol’s objectives. To explore new approaches and develop common technological solutions for Member States to prevent and counter crimes falling within the scope of Europol’s objectives, Europol should be able to conduct research and innovation activities regarding matters covered by this Regulation, including with the processing of personal data where necessary and whilst ensuring full respect for fundamental rights. The provisions on the development of new tools by Europol should not constitute a legal basis for their deployment at Union or national level. set out in Article 3, while ensuring that the development, use and deployment of new technologies is guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility, and do not undermine fundamental rights and freedoms or are discriminatory in any form. To explore new approaches and develop common technological solutions for Member States to prevent and counter crimes falling within the scope of Europol’s objectives set out in Article 3 and that ensure full respect for fundamental rights and freedoms, Europol may conduct research and innovation activities or projects that are deemed strictly necessary to achieve the objectives set out in Article 3. To this end, Europol should only process anonymised data for any research and innovation activity or project. The Data Protection Officer and Fundamental Rights Officer should be involved in all research and innovation activities or projects.
Amendment 221 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 223 #
Proposal for a regulation
Recital 38
Recital 38
(38) Europol should play a key role inmay assisting Member States to develop new technological solutions based on artificial intelligence that do not undermine fundamental rights and freedoms or are discriminatory in any form, which would benefit national law enforcement authorities throughout the Union. Europol should play a key role in promotensuring ethical, trustworthy and human centric artificial intelligence subject to robust safeguards in terms of security, safety and fundamental rights. To this end, Europol should ensure that independent audits are carried out to ensure that all technological solutions based on artificial intelligence do not undermine fundamental rights and freedoms or are discriminatory in any form. Independent audits should be carried out before and after the deployment of any technological solution. The Data Protection Officer and Fundamental Rights Officer should be involved in all research and innovation projects and activities, in particular those based on artificial intelligence, as well as the EDPS if he or she deems it necessary.
Amendment 224 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 227 #
Proposal for a regulation
Recital 39
Recital 39
(39) Europol should inform the European Data Protection Supervisor and the JPSG prior to the launch of itsany research and innovation projects that involve the processing of personal data. F or activity. For each research and innovation project or each projecttivity, Europol should carry out, prior to the processing, an assessment of the impact of the envisaged processing operations on the protection of personal data and all other fundamental rights, including of any bias in the outcome. This should includ data protection and fundamental rights impact assessment to ensure full respect with fundamental rights and data protection before and assessment of the appropriateness of the personal data to be processed for the specific purpose of the projectfter the deployment of the research and innovation projects or activities, including the prevention of any potential bias in the outcome. Such an assessment would facilitate the supervisory role of the European Data Protection Supervisor, in accordance with Regulation (EU) 2018/1725, which may includinge the exercise of its corrective powers uander this Regulation which might also lead to a ban on processing. The development of new tools by Europol should be without prejudice to the legal basis, including grounds for processing the personal data concerned, that would subsequently be required for their deployment at Union or national level may lead to a ban on processing or on the launch of a research and innovation project or activity. Europol should only use anonymized data for the development of research and innovation projects or activities. The management board should adopt a separate binding document for each research and innovation project or activity which should contain all the information related to the research innovation project or activity, and it should be available to the EDPS.
Amendment 230 #
Proposal for a regulation
Recital 40
Recital 40
(40) Providing Europol with additional toolpowers and capabilities requires reinforcing the democratic oversight, transparency and accountability of Europol. The Joint pParliamentary sScrutiny Group constitutes an important element of political monitoring of Europol's activities, and thus its powers need to be reinforced. To enable effective political monitoring of the wayEuropol, Europol applies additional toolshould provide the Joint Parliamentary Scrutiny Group with quarterly information on the powers and capabilities, of Europol should provide the Joint Parliamentary Scrutiny Group with annual information on the use of these tools and capabiliand the result thereof concerning matters related to this Regulation, particularly with regards to research and innovation. The JPSG should be informed and consulted before the launch of any research and innovation project or activity as well as about the intention to develop new activities or set up any new specialized unit in Europol. The JPSG should be represented in the management board by two representatives and the result thereofppointed by the members of the JPSG. The two representatives of the JPSG should have the same rights than the other members in the management board.
Amendment 233 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) Europol’s functioning should be transparent in accordance with Article 15(3) TFEU. Nothing in this Regulation is intended to restrict the right of public access to documents in so far as it is guaranteed in the Union and in the Member States, in particular under Article 42 of the Charter. The general rules on transparency that apply to Union agencies should also apply to Europol.
Amendment 234 #
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40 b) This Regulation should establish the fundamental rights officer who should be responsible to monitor that Europol safeguards the respect for fundamental rights in all its activities and tasks. The fundamental rights officer should be provided with the resources and staff necessary to enable him or her to effectively perform all his or her tasks in accordance with this Regulation. This Regulation should also establish a consultative forum to provide independent advice in fundamental rights matters. The fundamental rights officer and the consultative forum should cooperate closely. In the performance of its tasks, Europol should take into account the reports and advice of the consultative forum referred to in Article 52a and of the fundamental rights officer referred to in Article 41c; reports and advice of the consultative Forum shall be immediately sent and presented to the JPSG.
Amendment 235 #
Proposal for a regulation
Recital 41
Recital 41
Amendment 236 #
Proposal for a regulation
Recital 41
Recital 41
(41) Europol’s servicesupport in accordance with this Regulation provide added value to Member States and third countries. This, includesing Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States and third countries may contribute to Europol’s budget based on separate agreements, and third countries that are subject to an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation or with which the Union has concluded an international agreement pursuant to Article218 TFEU that includes the transfer of personal data for law enforcement purposes. Member States may contribute to Europol’s budget on a voluntary basis based on separate financial agreements which should include the amount and purpose for which the financial contributions will be allocated, including a clearly description of the tasks to achieve this purpose. Europol should therefore be able to receive contributions from Member States and third countries on the basis of financial agreements within the scope of itEuropol’s objectives and tasks. set out in articles 3 and 4 respectively of this Regulation. The amount, origin and purpose of the financial contributions to Europol’s budget should be published and included in Europol's multiannual programming and annual work programme referred in Article 12.
Amendment 238 #
Proposal for a regulation
Recital 46
Recital 46
(46) This Regulation fully respects the fundamental rights and safeguards, and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data and the right to privacy as protected by Articles 8 and 7 of the Charter, as well as by Article 16 TFEU. Given the importance of the processing of personal data for the work of law enforcement in general, and for the support provided by Europol in particular, this Regulation includes effectivenhanced safeguards to ensure full compliance with fundamental rights as enshrined in the Charter of Fundamental Rights, democratic oversight and accountability mechanisms, to ensure that the activities and tasks of Europol are carried out in full compliance with fundamental rights as enshrined in the Charter of Fundamental Rights, including protections ensured by tittle III especially by article 20 on equality before the law and article 21 on non-discrimination, and that the right to obtain effective administrative or judicial redress is guaranteed in the event of non- compliance. The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation. Any processing of personal data under this Regulation is limited to what is strictly necessary and proportionate, and subject to clear conditions, strict requirements and effective supervision by the EDPS.
Amendment 239 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) The extended tasks and competence of Europol shall be balanced with strengthened fundamental rights safeguards, increased accountability and liability and increased oversight, including parliamentary oversight.
Amendment 240 #
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46 b) Europol should ensure compliance with the fundamental rights and freedoms enshrined in the Charter and the data protection rules in accordance with Regulation 2018/1725 in the performance of its tasks and duties.
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Regulation (EU) 2016/794
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(q) ‘investigative case file’ means a dataset or multiple datasets that a Member State, the EPPO or a third country that is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation or with which the Union has concluded an international agreement pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, acquired in the context of an on-going criminal investigation, in accordance with fundamental and procedural rights, as well as procedural requirements and safeguards under the applicable national criminal law, and submitted to Europol in support of that criminal investigation.
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point i
Article 1 – paragraph 1 – point 2 – point a – point i
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) support Member States’ cross- border information exchange activities, operations and investigations, as well as joint investigation teams, and special intervention units, including by providing operational, and technical and financial support;;
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point ii
Article 1 – paragraph 1 – point 2 – point a – point ii
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) cooperate with the Union bodies established on the basis of Title V of the TFEU and with OLAF and ENISA, in particular through exchanges of information and by providing them with analytical support in the areas that fall within their competence;;
Amendment 252 #
(m) support Member States’ actions in preventaddressing and combating forms of crime listed in Annex I which are facilitated, promoted or committed using the internet, including, in cooperation with Member States, supporting the coordination of Member States law enforcement authorities’ response to cyberattacks, the taking dowaddress the dissemination of terrorist content online, and the making of referrals of internet content without affecting the right to privacy and the protection of personal data, by which such forms of crime are facilitated, promoted or committed, to the online service providers concerned for their voluntary consideration of the compatibility of the referred internet content with their own terms and conditions;;
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point q
Article 4 – paragraph 1 – point q
(q) support Member States in identifying persons whose involvement insuspected of having committed crimes falling within the scope of Europol’s mandate, as listed in Annex I, and that constitute a high risk for security, and facilitate joint, coordinated and prioritised investigations;
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point r
Article 4 – paragraph 1 – point r
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point r
Article 4 – paragraph 1 – point r
(r) enter datapropose Member States to enter alerts into the Schengen Information System, in accordance with Regulation (EU) 2018/1862 of the European Parliament and of the Council*, following consultation with the Member States in accordance with Article 7 of this Regulation, and under authorisation by the Europol Executive Director, on the suspected involvement of a third country national in an offence in respect of which Europol is competent and of which it is aware on the basis of information received from third countries or international organisations within the meaning of Article 17(1)(b);
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point s
Article 4 – paragraph 1 – point s
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point t
Article 4 – paragraph 1 – point t
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point t
Article 4 – paragraph 1 – point t
(t) proactively monitor and contribute to research and innovation activities relevantcarry out research and innovation activities and projects for the development, training, testing and validation of algorithms, which are relevant and strictly necessary to achieve theEuropol’s objectives set out in Article 3, support related activities of Member States, and implement its research and innovation activities regarding matters cover and that shall be guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility, as well as accompanied by independent assessments and audits to ensure compliance with the fundamental rights and freedoms enshrined byin this Regulation, including the development, training, testing and validation of algorithms for the development of toolse Charter and that the results of the research and innovation activities or projects are not discriminatory in any form and do not contribute to mass surveillance.
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point u
Article 4 – paragraph 1 – point u
Amendment 274 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) The JPSG should be informed prior to the intention to develop any new activity referred to in this Article, in particular, about the intention to set up a new union centre of specialised expertise as referred in (l) and new research and innovation project as referred to (t).
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) 2016/794
Article 4 – paragraph 2
Article 4 – paragraph 2
The second sentence is replaced by the following: “Europol shallmay also assist in the operational implementation of those priorities, notablyincluding in the European Multidisciplinary Platform Against Criminal Threats, including by facilitating and providing administrative, logistical, financial and operational support to Member States-led operational and strategic activities.;”
Amendment 277 #
Europol shall also provide threats assessment analysis supporting the Commission and the Member States in carrying out risk assessments., and shall make public its methodology, criteria and indicators used for the threat assessment analysis;
Amendment 279 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Regulation (EU) 2016/794
Article 4 – paragraph 4a
Article 4 – paragraph 4a
Amendment 284 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Regulation (EU) 2016/794
Article 4 – paragraph 4b
Article 4 – paragraph 4b
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2016/794
Article 4 – paragraph 6 (new)
Article 4 – paragraph 6 (new)
(2 a) The following paragraph 6 is added: "Europol should ensure compliance with the fundamental rights and freedoms enshrined in the Charter in the performance of its tasks and duties".
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/794
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives set out in Article 3, it shall request the competent authorities of the Member State or Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation in accordance with national procedure, including prior judicial authorisation where applicable.
Amendment 300 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/794
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall ensure that their financial intelligence units established pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council* are allowed to cooperate withreply to duly justified requests made by Europol in accordance with Article 12 of Directive (EU) 2019/1153 of the European Parliament and the Council**, in particular via their national unit regarding financial information and analyses, within the limits of their mandate and competence.
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2016/794
Article 9 – paragraph 1
Article 9 – paragraph 1
(4 a) is replaced by the following: The administrative and management structure of Europol shall comprise: (a) a Management Board; (b) an Executive Director; (c) a Deputy Executive Director; (d) a Data Protection Officer; (e) a Fundamental Rights Officer; (f) where appropriate, other advisory bodies established by the Management Board in accordance with point (s) of Article 11(1). A consultative forum shall assist Europol as anadvisory body.
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) 2016/794
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 305 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Regulation (EU) 2016/794
Article 11 – paragraph 1 – point v (new)
Article 11 – paragraph 1 – point v (new)
(4 c) point (v) is inserted: “appoint a Fundamental Rights Officer following the recommendation of the consultative forum, who shall be functionally independent in the performance of his or her duties;
Amendment 309 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point i
Article 1 – paragraph 1 – point 5 – point a – point i
Regulation (EU) 2016/794
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) 2016/794
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
Amendment 313 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) 2016/794
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
(e) research and innovation regarding matters covered by this Regulation for the development, training, testing and validation of algorithms for the development of toolsactivities and projects for the development, training, testing and validation of algorithms which shall be relevant and strictly necessary to achieve Europol’s objectives set out in Article 3 and that shall be guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility, as well as accompanied by independent assessments and audits to ensure compliance with the fundamental rights and freedoms enshrined in the Charter, and that the results of the research and innovation activities and projects are not discriminatory in any form or do not contribute to mass surveillance;
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) 2016/794
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2016/794
Article 18 – paragraph 3a
Article 18 – paragraph 3a
Amendment 321 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2016/794
Article 18 – paragraph 3a
Article 18 – paragraph 3a
3a. Processing of personal dataOnly anonymized data can be used and processed for the purpose of research and innovation as referred to in point (e) of paragraph 2, and shall be performed by means of Europol’s research and innovation activities and projects with clearly defined objectives, duration and scope of the personalanonymized data processing involved, in respect of which the additional specific safeguards set out in Article 33a shall apply.
Amendment 324 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c Regulation (EU) 2016/794
Article 1 – paragraph 1 – point 5 – point c Regulation (EU) 2016/794
5. Without prejudice to Article 8(4) and Article 18a, cCategories of personal data and categories of data subjects whose data may be collected and processed for each purpose referred to in paragraph 2 are listed in Annex II.
Amendment 326 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 5a
Article 18 – paragraph 5a
Amendment 328 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 5a
Article 18 – paragraph 5a
5a. Prior to theany use and processing of data under paragraph 2 of this Article, Europol may temporarily process personal data received pursuant to Article 17(1) and (2) for the purpose of determining whether such data comply with the requirements of paragraph 5 of this Article, including by checking the data against all data that Europol already processes and in order to ensure that the processing of personal data by Europol is strictly necessary, proportionate, limited to the categories of data subjects listed in Annex II and that it complies with national and Union law when they submit an investigative case file, Europol, in consultation with the Fundamental Rights Officer and after receiving the authorisation from the Data Protection Officer, may temporarily process personal data received pursuant to Article 17(1) and (2) for the purpose of determining whether such data falls into the categories of data subjects listed in Annex II. The EDPS shall be informed about all the temporary processing carried out by Europol. The temporary processing of personal data shall comply with the principle of data minimisation in accordance with paragraph Regulation 2018/1725. .
Amendment 332 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 6
Article 18 – paragraph 6
The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the temporary processing and use of such data.
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 6
Article 18 – paragraph 6
Europol may onlyshall not process personal data pursuant to this paragraph for a maximum period of one year, or in justified cases for a longer period with the prior authorisation of the EDPS, where necessary for thuntil the temporary processing is concluded and it determines whether the personal data falls into the categories of data subjects listed in Annex II. The processing of such personal data shall be strictly necessary and proportionate to achieve pEuropose of thisl’s objectives set out in Article 3 . Where the result of the temporary processing indicates that personal data do not comply with the requirements of paragraph 5 of this Article, Europol shall delete that data and inform the provider of the data accordingly.
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2016/794
Article 18 – paragraph 6
Article 18 – paragraph 6
(5 a) is replaced by the following: (6) Europol may temporarily process data for the purpose of determining whether such data are relevant to its tasks and, if so, for which of the purposes referred to in paragraph 2. The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such data, in particular with respect to access to and use of the data, as well as time limits for the storage and deletion of the data, which may not exceed six months, pursuant to Article 27a.
Amendment 338 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a
Article 18a
Amendment 341 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1
Article 18a – paragraph 1
1. Where necessary for the support of a specific criminal investigation, Europol may process personal data outsideEuropol shall only process personal data from an investigative case file that fall into the categories of data subjects listed in Annex II, including where:
Amendment 346 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1 – point b
Article 18a – paragraph 1 – point b
(b) Europol assesses that it is not possible to carry out the operational analysis of the investigative case file without processing personal data that does not comply with the requirements of Article 18(5). This assessment shall be recorded and sent to the EDPS for information.
Amendment 349 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794
Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794
1 a. The following subparagraph is inserted: "Any processing of personal data in support of a criminal investigation shall take full account of the fundamental rights and freedoms enshrined in the Charter and shall be compliant with the general principles and obligations laid down in Chapter IX of Regulation 2018/1725 referred in Article 27a".
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 2
Article 18a – paragraph 2
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 3 – subparagraph 1
Article 18a – paragraph 3 – subparagraph 1
3. Upon request of the Member State or the EPPO that provided an investigative case file to Europol pursuant to paragraph 1, Europol may store that investigative case file and the outcome of its operational analysis beyond the storage period set out in paragraph 2, for the sole purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process pursuant Article 4(6) and Article 27a of this Regulation, and only for as long as the judicial proceedings related to that criminal investigation are on-going in that Member State.
Amendment 355 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 3 – subparagraph 2
Article 18a – paragraph 3 – subparagraph 2
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 3
Article 18a – paragraph 3
The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such data and inform the EDPS of the conclusion. Such personal data shall be functionally separated from other data and may only be accessed by authorized staff where necessary for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process pursuant Article 4(6) and Article 27a of this Regulation.
Amendment 359 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 3 a new
Article 18a – paragraph 3 a new
3 a. Any data, including the procedure under which this data has been collected, that Europol may provide in judicial proceedings shall be lawful, fair, transparent and traceable. Europol should ensure access of competent judicial authorities as well as defence lawyers to the materials of the case and to information deemed necessary to ensure that such data complies with the fundamental rights and freedoms enshrined in the Charter as referred in Article 4(6), including procedural rights, and with the data protection rules in accordance with Article 27a.
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 4
Article 18a – paragraph 4
4. Paragraphs 1 to 3 shall also apply where Europol receives personal data from a third country with which there is an agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA in accordance with point (c) of Article 25(1) of this Regulation or on the basis of Article 218 TFEU in accordance with point (b) of Article 25(1) of this Regulation, or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, and such, provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection(‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU, that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, provided that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law and that the third country provides an investigative case file to Europol for operational analysis that supports the specific criminal investigation in a Member State or in Member States that Europol supports. Where asuch third country provides an investigative case file to Europol, the EDPS shall be informed. Europol shall verifyensure that the amount of personal data is not manifestly disproportionate in relationproportionate, necessary and limited to the specific investigation in a Member State that Europol supports, and that there areis no objective elementsinformation indicating that the case file has been obtained by the third country in manifest violation of fundamental rights. Where Europol, or the EDPS, reaches the conclusion that there are preliminary indications that such data is disproportionate or, not necessary for the specific investigation in the Member State or that it is collected in violation of fundamental rights, Europol shall not process it. Data processeddelete it. Data that comply the requirements pursuant to this paragraph may only be accessed by Europol where necessary for the support of the specific criminal investigation in a Member State or in Member States. It shall be shared only within the Union.;
Amendment 365 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2016/794
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 366 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2016/794
Article 20 – paragraph 3
Article 20 – paragraph 3
3. In accordance with national law, the information referred to in paragraphs 1, 2 and 2a shall be accessed and further processed by Member States only for the purpose of preventing and combating, and for judicial proceedings, as long as the conditions in paragraph 5 of this Article are met, related to:;
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU) 2016/794
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 368 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU) 2016/794
Article 20 – paragraph 5
Article 20 – paragraph 5
5. When national law allows for Europol staff to provide evidence which came to their knowledge in the performance of their duties or the exercise of their activities, provided that it does not result from interception of private communications, only Europol staff authorised by the Executive Director to do so shall be able to give such evidence in judicial proceedings in the Member States. Any evidence, including the procedure under which this evidence has been collected, that authorized Europol staff provides in criminal judicial proceedings shall be lawful, fair, transparent and traceable. Europol shall ensure access of defence lawyers to the materials of the case file and to information deemed necessary to ensure that the evidence provided in judicial proceedings complies with fundamental and procedural rights pursuant Article 4(6), including procedural safeguards provided for in Union law and in particular the right to a fair trial, as well as data protection rules pursuant Article 27a;
Amendment 371 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c a (new)
Article 1 – paragraph 1 – point 7 – point c a (new)
Regulation (EU) 2016/794
Article 20 – paragraph 5 – subparagraph 1 a (new)
Article 20 – paragraph 5 – subparagraph 1 a (new)
(c a) the following subparagraph is inserted: "Europol shall not intercept private communications, including private communications between the lawyers and their clients, in the performance and exercise of its duties and activities".
Amendment 379 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2016/794
Article 25 – paragraph 5
Article 25 – paragraph 5
Amendment 381 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2016/794
Article 25 – paragraph 5
Article 25 – paragraph 5
Amendment 388 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) 2016/794
Article 25 – paragraph 8
Article 25 – paragraph 8
Where a transfer is based on paragraph 5this Article, such a transfer shall be documenteduly justified and documented, the Fundamental Rights Officer shall be involved, and the documentation shall be made available to the EDPS on request. The documentation shall include a record of the date and time of the transfer, and information about the receiving competent authority, about the justification for the transfer and about the operational personal data transferred.
Amendment 389 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EU) 2016/794
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Europol may receive personal data directly from private parties and process those personal data in accordance with Article 18 in order to identify all national units concerned, as referred to in point (a) of paragraph 1. Europol shall forward the personal data and any relevant results from the processing of that data necessary for the sole purpose of establishing jurisdiction immediately to the national units concerned. Europol may forward the personal data and relevant results from the processing of that data necessary for the sole purpose of establishing jurisdiction in accordance with Article 25 to contact points and authorities concerned as referred to in points (b) and (c) of paragraph 1that conditions in paragraph 1 of Article 25 are met. Once Europol has identified and forwarded the relevant personal data to all the respective national units concerned, or it is not possible to identify further national units concerned, it shall erase the data, unless a national unit, contact point or authority concerned resubmits the personal data to Europol in accordance with Article 19(1) within four months after the transfer takes placemission takes place. Europol shall ensure that the time limits for the storage of data are in compliance with Regulation (EU) 2018/1725.
Amendment 392 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EU) 2016/794
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 393 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EU) 2016/794
Article 26 – paragraph 4
Article 26 – paragraph 4
4. If Europol receives personal data from a private party in a third country, Europol may forward those data only to a Member State, or to a third country concerned with which an agreement on the basis of Article 23 of Decision 2009/371/JHA or on the basis of Article 218 TFEU has been concluded or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation. Where the conditions set out under paragraphs 5 and 6 of Article 25 are fulfilled, Europol may transfer the result of its analysis and verification of such data with the third country concerned that is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, and that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law, Europol may forward those data only to a Member State, or to the third country concerned provided that it is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation or has concluded an international agreement with the Union pursuant to Article 218 TFEU, for the sole purpose of determining the national units concerned. Where the conditions set out under Article 25 are fulfilled, Europol may transfer the result of its analysis and verification of such data with the third country concerned provided that it is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation or has concluded an international agreement with the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes.
Amendment 396 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Europol may transmit or transfer personal data to private parties on a case- by-case basis, where it is strictly necessaryproportionate and strictly necessary for the sole purpose to identify the national units concerned while ensuring that the requirements and safeguards in this Regulation are met, and subject to any possible restrictions stipulated pursuant to Article 19(2) or (3) and without prejudice to Article 67, in the following cases:
Amendment 398 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
Amendment 402 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5 – point d – point –i (new)
Article 26 – paragraph 5 – point d – point –i (new)
(d a) (-i)(new) the transmission or transfer is undoubtedly in the interests of the data subject, and either the data subject has given his or her consent;
Amendment 403 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 5 – subparagraphs (new)
Article 26 – paragraph 5 – subparagraphs (new)
5 a. the following subparagraphs are added: "Europol and private parties shall only share personal data that are part of multi- jurisdictional data sets or of data sets that cannot be attributed to one or several specific jurisdictions. Transfers shall not be systematic, massive or structural, and the conditions referred to in Article 26b shall apply. The Fundamental Rights Officer and the Data Protection Officer shall be involved in the exchanges of personal data with private parties.The EDPS shall be informed and may also be involved if he or she deems it necessary. Europol may only transfer data to private parties established in the Member States or in a third country provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794."
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1
Article 26 – paragraph 6 – subparagraph 1
6. With regard to points (a), (b) and (d) of paragraph 5 of this Article, if the private party concerned is not established within the Union or in a country with which Europol has a cooperation agreement allowing for the exchange of personal data, with which the Union has concluded an international agreement pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, the transfer shall only be authorised by the Executive Director if the transfer isbe prohibited:
Amendment 408 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1 – point a
Article 26 – paragraph 6 – subparagraph 1 – point a
Amendment 409 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1 – point b
Article 26 – paragraph 6 – subparagraph 1 – point b
Amendment 410 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1 – point c
Article 26 – paragraph 6 – subparagraph 1 – point c
Amendment 411 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1 – point d
Article 26 – paragraph 6 – subparagraph 1 – point d
Amendment 413 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1 – point e
Article 26 – paragraph 6 – subparagraph 1 – point e
Amendment 414 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1 – point f
Article 26 – paragraph 6 – subparagraph 1 – point f
Amendment 415 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 3
Article 26 – paragraph 6 – subparagraph 3
Transfers shall not be systematic, massive or structural. and the conditions referred to in Article 26b shall apply. The Fundamental Rights Officer and the Data Protection Officer shall be involved in the exchanges of personal data with private parties. The EDPS shall be informed and may also be involved if he or she deems it necessary. Europol may only transfer data to private parties established in the Member States or in a third country provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection(‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794.
Amendment 418 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 1
Article 26 – paragraph 6a – subparagraph 1
6a. Europol may request Member States, via their national units, to obtain personal data from private parties, which are legally established or have a legal representative in their territory, under their applicable laws, for the purpose of sharing it with Europol, on the condition that the requested personal data is strictly necessary, proportionate and limited to what is necessary for Europol with a view to identifying the national units concerned, and provided that the requirements and safeguards set out in this Regulation are fulfilled.
Amendment 420 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 2
Article 26 – paragraph 6a – subparagraph 2
Irrespective of their jurisdiction over the specific crime in relation to which Europol seeks to identify the national units concerned, Member States shall ensure that their competent national authorities can lawfully process such requests in accordance with their national laws in compliance with Union law for the purpose of supplying Europol with the information necessary for it to fulfil its objectivesEuropol's objectives set out in Article 3, and provided that the requirements and safeguards set out in this Regulation are fulfilled. Mutual assistance grounds for refusal shall apply and Member States shall provide sufficient safeguards to the affected fundamental rights, including access to an effective remedy.
Amendment 423 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a
Article 26 – paragraph 6a
Amendment 427 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Regulation (EU) 2016/794
Article 26 – paragraphs 9 and 10
Article 26 – paragraphs 9 and 10
(e) paragraphs 9 and 10 are deletedreplaced by the following;
Amendment 429 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e a (new)
Article 1 – paragraph 1 – point 12 – point e a (new)
Regulation (EU) 2016/794
Article 26 – paragraphs 9 and 10 – new
Article 26 – paragraphs 9 and 10 – new
Amendment 431 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2016/794
Article 26a
Article 26a
Amendment 433 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2016/794
Article 26b – new
Article 26b – new
(13 a) the following Article 26b is inserted: Article 26b - Processing under the authority of Europol or processor The processor and any person acting under the authority of Europol or of the processor who has access to operational personal data shall ensure that the conditions referred to in Article 87 of Regulation (EU) 2018/1725 are met.
Amendment 437 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EU) 2016/794
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and processing of genetic data and biometric data for the purpose of uniquely identifying a natural person or data concerning a person’s health or sex life or sexual orientation shall be allowprohibited ounly whereess it is strictly necessary and proportionate for preventing or combating crime that falls within Europol’s objectives and if those data supplement other personal data processed by Europol.; set out in Article 3, subject to appropriate safeguards for the rights and freedoms of the data subject and only if those data supplement other personal data processed by Europol. The selection of a particular group of persons solely on the basis of such personal data shall be prohibited.;
Amendment 441 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2016/794
Article 33
Article 33
(18) Article 33 is deletedreplaced by the following;
Amendment 442 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Regulation (EU) 2016/794
Article 33 new
Article 33 new
(18 a) Article 33 - Data protection by design and by default Europol shall establish mechanisms to ensure that data protection by design and by default referred to in Article 85 of Regulation (EU) 2018/1725 is guaranteed;
Amendment 444 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – title
Article 33a – title
Processing of personalanonymized data for research and innovation
Amendment 445 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – introductory part
Article 33a – paragraph 1 – introductory part
1. For the processing of personal data performed by means of Europol’s research and innovation projects as referred to in point (e) of Article 18(2), tEuropol’s research and innovation projects and activities as referred to in point (e) of Article 18(2), shall comply with the fundamental rights and freedoms enshrined in the Charter and with the data protection rules in accordance with Regulation (EU) 2018/1725 as referred to in Articles 4(6) and 27a and shall only use and process anonymized data. The following additional safeguards shall apply:
Amendment 447 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point a
Article 33a – paragraph 1 – point a
(a) any research and innovation activity or project shall be subject to prior authorisation by the Executive Director, based on a description of the envisaged processing activity setting out the necessity to process personal data, such as for exploring and testing innovative solutions and ensuring accuracy of the project results, a description of the personal data to be proc in consultation with the Data Protection Officer and the Fundamental Rights Officer, based on a description of the objectives, scope and duration of the activity or project, the envisaged processing activity setting out the necessity to develop that activity or project as well as to achieve Europol’s objectives sed, a description of the retention period and conditions for access to the personal data, a data protectiont out in Article 3, the partners involved,, data protection and fundamental rights impact assessments of the risks to all fundamental rights and freedoms of data subjects, including of any bias in the outcome, and the measures envisaged to address those risksteps taken to address those risks as well as to avoid potential fundamental rights violations, including the measures to ensure non-repetition of such violations;
Amendment 449 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point aa (new)
Article 33a – paragraph 1 – point aa (new)
(a a) point aa (new) is inserted: "any activity or project shall be subject to an initial assessment by the Fundamental Rights Officer and the Data Protection Officer based on the information in point (a). If their opinion is that the technological solutions resulting from the research and innovation activity or project could constitute high risk AI systems within the meaning of Article 6 of Regulation (20XX/X) (AI Regulation), the EDPS and the JPSG shall give their explicit authorisation before the launch of the project. In the absence of such authorisation, the project shall not be pursued;"
Amendment 451 #
(a b) point ab (new) is inserted: "the information in point (a) shall be detailed in a separate binding document for each research and innovation project or activity that shall be adopted by the Management Board and available to the EDPS;"
Amendment 452 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point a c (new)
Article 33a – paragraph 1 – point a c (new)
(a c) point ac (new) is inserted: "only anonymized data shall be used and processed for the development of research and innovation projects and activities;"
Amendment 453 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b
Article 33a – paragraph 1 – point b
Amendment 456 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b a (new)
Article 33a – paragraph 1 – point b a (new)
(b a) point ba (new) is inserted: "the Fundamental Rights Officer and the Data Protection Officer shall be involved and consulted in all the stages of the research and innovation activities or projects, including the EDPS if he or she deems it necessary;"
Amendment 458 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b b (new)
Article 33a – paragraph 1 – point b b (new)
(b b) the point bb (new) is inserted: "the algorithms as well as the data used and produced in the framework of a research and innovation project shall be guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility;"
Amendment 460 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b c (new)
Article 33a – paragraph 1 – point b c (new)
(b c) the point bc (new) is inserted: "an independent audit shall be carried out before and after the deployment of any technological solution resulting from a research and innovation project, particularly those based on artificial intelligence, to ensure that the outcomes of the projects do not undermine the fundamental rights and freedoms enshrined in the Charter, are not discriminatory in any form or contribute to mass surveillance;"
Amendment 461 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point b d (new)
Article 33a – paragraph 1 – point b d (new)
(b d) the point bd (new) is inserted: "the independent audits shall be carried out by independent experts;"
Amendment 462 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
(c) (d) any personalany anonymized data processed in the context of the project shall not be transmitted, transferred or otherwise accessed by other parties;
Amendment 463 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point d
Article 33a – paragraph 1 – point d
(d) (e) any processing of personal dataanonymized data and the subsequent use of the algorithms produced in the context of the project shall not lead to measures or decisions affecting the data subjects;
Amendment 464 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point e
Article 33a – paragraph 1 – point e
(e) (f) any personalany anonymized data processed in the context of the project shall be deleted once the project is concluded or the personalanonymized data has reached the end of its retention period in accordance with Article 31;
Amendment 466 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point f
Article 33a – paragraph 1 – point f
(f) (g) the logs of the processing of personalanonymized data in the context of the project shall be kept for the duration of the project and 1 year after the project is concluded, solely for the purpose of and only as long as necessary for verifying the accuracy of the outcome of the data processing and that all the requirements and safeguards in this Article have been met.
Amendment 467 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 2
Article 33a – paragraph 2
2. Europol shall keep a complete and detailed description of the process and rationale behind the training, testing and validation of algorithms to ensure transparency and for verification of the accuracy of the resultsof the algorithms and the procedure, as well as explainability, and for verification of the accuracy of the results which shall comply with the fundamental rights and freedoms enshrined in the Charter and with the data protection rules in accordance with Regulation (EU) 2018/1725.;
Amendment 473 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Regulation (EU) 2016/794
Article 34 – paragraph 1
Article 34 – paragraph 1
1. In the event of a personal data breach, Europol shall without undue delay notify the EDPS and the competent authorities of the Member States concerned, of that breach, in accordance with the conditions laid down in Article 7(5), as well as the provider of the data concerned unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.;
Amendment 474 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b
Article 1 – paragraph 1 – point 20 – point b
Regulation (EU) 2016/794
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 477 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Regulation (EU) 2016/794
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Any data subject wishing to exercise the right of access referred to in Article 80 of Regulation (EU) 2018/1725 to personal data that relate to the data subject may make a request to that effect, without incurring excessive costs, to the authority appointed for that purpose in the Member State of his or her choice, or to Europol. Where the request is made to the Member State authority, that authority shall refer the request to Europol without delay, and in any case within one month of receipt.;
Amendment 478 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point c
Article 1 – paragraph 1 – point 23 – point c
Regulation (EU) 2016/794
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 479 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point -a (new)
Article 1 – paragraph 1 – point 25 – point -a (new)
Regulation (EU) 2016/794
Article 38 – paragraph 1
Article 38 – paragraph 1
(-a) paragraph 1 is replaced by the following: “1. Europol shall process personal data in a way that ensures that it can be established which authority provided the data or from where the data were retrieved;”
Amendment 480 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point -a a (new)
Article 1 – paragraph 1 – point 25 – point -a a (new)
Regulation (EU) 2016/794
Article 38 – paragraph 2
Article 38 – paragraph 2
(-a a) paragraph 2 is replaced by the following: “The responsibility for the quality of personal data shall lie, from the moment of the transmission or transfer, with:”
Amendment 481 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point -a b (new)
Article 1 – paragraph 1 – point 25 – point -a b (new)
Regulation (EU) 2016/794
Article 38 – paragraph 2 – point a
Article 38 – paragraph 2 – point a
(-a b) point (a) is replaced by the following: "(a) the Member State or the Union institution, body, office or agency which provided the personal data to Europol;"
Amendment 482 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point a a (new)
Article 1 – paragraph 1 – point 25 – point a a (new)
Regulation (EU) 2016/794
Article 38 – paragraph 6
Article 38 – paragraph 6
(a a) paragraph 6 is replaced by the following: "6. In the case of a transfer between Europol and a Union institution, body, office or agency, the responsibility for the legality of the transfer shall lie with Europol.”
Amendment 483 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point a
Article 1 – paragraph 1 – point 26 – point a
Regulation (EU) 2016/794
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Without prejudice toNotwithstanding paragraphs 1 and 2 of Article 90 of Regulation (EU) 2018/1725, any new type of processing operations to be carried out shall be subject to prior consultation of the EDPS where special categories of data as referred to in Article 30(2) of this Regulation are to be processed.;pursuant to paragraphs 3 and 4 of that Article.
Amendment 489 #
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Regulation (EU) 2016/794
Article 41 – paragraph 4
Article 41 – paragraph 4
4. The Data Protection Officer shall be designated for a term of four years and shall be eligible for reappointment. The Data Protection Officer may be dismissed from his or her post by the ExecutiveManagement Board only with the agreement of the EDPS, if he or she no longer fulfils the conditions required for the performance of his or her duties
Amendment 498 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 2016/794
Article 41b – paragraph 1 – point e
Article 41b – paragraph 1 – point e
(e) ensuring that a record of the transmission, transfer and receipt of personal data is kept in accordance with this Regulation;
Amendment 502 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 2016/794
Article 41c (new)
Article 41c (new)
Amendment 504 #
Proposal for a regulation
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Regulation (EU) 2016/794
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Each Member State shall designate a national supervisory authority. The national supervisory authority shall have the task of monitoring independently, in accordance with its national law, the permissibility of the transfer, the retrieval and any communication to Europol of personal data by the Member State concerned, and of examining whether such transfer, retrieval or communication violates the rights of the data subjects concerned. For the purpose of exercising their supervisory function the national supervisory authority shall have access, at the national unit or at the liaison officers’ premises, to data submitted by its Member State to Europol in accordance with the relevant national procedures and to logs as referred to in Article 40.
Amendment 505 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32 – point a
Article 1 – paragraph 1 – point 32 – point a
Regulation (EU) 2016/794
Article 43 – paragraph 1
Article 43 – paragraph 1
The EDPS shall be responsible for monitoring and ensuring the application of the provisions of this Regulation and Regulation (EU) 2018/1725 relating to the protection of fundamental rights and freedoms of natural persons with regard to the processing of personal data by Europol, and for advising Europol and data subjects on all matters concerning the processing of personal data. In addition to the tasks and powers set out in Articles 57 and 58 of Regulation (EU) 2018/1725, the EDPS shall also have the duties, competences and powers set out in paragraphs 2, 3 and 4;
Amendment 509 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32 – point b
Article 1 – paragraph 1 – point 32 – point b
Regulation (EU) 2016/794
Article 43 – paragraph 5
Article 43 – paragraph 5
5. The EDPS shall draw up an annual report on his or her supervisory activities in relation to Europol. That report shall be part of the annual report of the EDPS referred to in Article 60 of Regulation (EU) 2018/1725. The national supervisory authorities shall be invited to make observations on this report before it becomes part of the annual report. The EDPSreport shall take utmostinclude statistical information regarding complaints, inquiries, and investigations carried out in accordance with paragraph 2, as well as regarding transfers of personal data to third countries, international organisations, private parties, cases of prior consultation, and the use of the powers referred to in this Article. The EDPS shall take account of the observations made by national supervisory authorities and, in any case, shall refer to them in the annual report.
Amendment 510 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32 – point b
Article 1 – paragraph 1 – point 32 – point b
Regulation (EU) 2016/794
Article 43 – paragraph 5 – subparagraph 2
Article 43 – paragraph 5 – subparagraph 2
Amendment 512 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36 – point b
Article 1 – paragraph 1 – point 36 – point b
Regulation (EU) 2016/794
Article 50 – paragraph 1
Article 50 – paragraph 1
(b) paragraph 1 is deleted;replaced by the following; “1. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation in accordance to Article 65 of Regulation (EU) 2018/1725.”
Amendment 525 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point h
Article 51 – paragraph 3 – point h
(h) annual information about the number of cases in which Europol issuedproposed Member States to enter alerts in the Schengen Information System in accordance with Article 4(1)(r), and the number of ‘hits’ these alerts generated, including specific examples of cases demonstrating why these alerts were necessary for Europol to fulfil its objectives and tasks;
Amendment 530 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point i
Article 51 – paragraph 3 – point i
(i) annual information about the number of pilot projects in which Europol processed personal data to train, test and validate algorithms for the development of tools, including AI-based tools, for law enforcement in accordance with Article 33a, including information on the purposes of these projects and the law enforcement needs they seek to addresresearch and innovation projects and activities, including AI-based projects and activities, and the documentation that accompanies each project or activity in accordance with Article 33a to justify its necessity, including the results of the independent audits before and after the deployment of the results of the research and innovation projects and activities.;
Amendment 537 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a a (new)
Article 1 – paragraph 1 – point 37 – point a a (new)
Regulation (EU) 2016/794
Article 51 – paragraph 3 a (new)
Article 51 – paragraph 3 a (new)
(a a) The following paragraph 3a (new) is inserted: "The JPSG shall be informed of the activities and tasks of Europol and consulted in accordance with this Regulation, in particular before the development of any research and innovation project or activity and about the intention to set up any new specialized unit in Europol."
Amendment 538 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a b (new)
Article 1 – paragraph 1 – point 37 – point a b (new)
Regulation (EU) 2016/794
Article 51 – paragraph 4
Article 51 – paragraph 4
(a b) paragraph 4 is replaced by the following: "4. The JPSG shall request other relevant documents necessary for the fulfilment of its tasks relating to the political monitoring of Europol's activities, subject to Regulation (EC) No 1049/2001 of the European Parliament and of the Council.
Amendment 539 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 a (new)
Article 1 – paragraph 1 – point 37 a (new)
Regulation (EU) 2016/794
Article 52a – new
Article 52a – new
(37 a) Article 52a (new) is inserted: "Article 52a - Consultative Forum 1.A consultative forum shall be established by Europol to assist it by providing independent advice in fundamental rights matters.The executive director and the management board, in coordination with the Fundamental Rights Officer, may consult the consultative forum on any matter related to fundamental rights. 2.Europol shall invite independent experts, the FRA and other relevant organisations in the field of fundamental rights to participate in the consultative forum.On the basis of a proposal from the Fundamental Rights Officer, the Management Board shall decide on the composition of the consultative forum and the terms of the transmission of information to the consultative forum. 3.The consultative forum shall define its working methods and set up its work programme. 4.Without prejudice to the tasks of the Fundamental Rights Officer, the consultative forum shall be provided with effective access in a timely and effective manner to all information necessary to assess the respect for fundamental rights in Europol’s tasks and activities. 5. The consultative forum shall prepare an annual report of its activities. That report shall be made publicly available.
Amendment 540 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 b (new)
Article 1 – paragraph 1 – point 37 b (new)
Regulation (EU) 2016/794
Article 52b (new)
Article 52b (new)
Amendment 541 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 c (new)
Article 1 – paragraph 1 – point 37 c (new)
Regulation (EU) 2016/794
Article 52c (new)
Article 52c (new)
(37 c) Article 52c (new) is inserted: "Article 52c - Accountability Europol shall be accountable to the European Parliament, to the Council and to the Commission in accordance to this Regulation."
Amendment 542 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EU) 2016/794
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 543 #
4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from countries with whom Europol or the Union has an agreement providing for financial contributions to EuropolMember States based on financial agreement which shall include the amount and purpose for which the financial contributions to Europol will be allocated, including a clearly description of the tasks to achieve this purpose, within the scope of Europol’s objectives and tasks set out in Article 3. Such financial contributions shall not give the contributors a privilege position in any form and must not be linked or lead to measures or decisions that could undermine individuals' fundamental rights, neither to any change within the scope of Europol’'s objectives and tasks. The amount, origin and purpose of the contributions shall be determined in the respective agreement.;published on the website of Europol and included in Europol's multiannual programming and annual work programme referred in Article 12.
Amendment 547 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point b
Article 1 – paragraph 1 – point 39 – point b
Regulation (EU) 2016/794
Article 61 – paragraphs 3
Article 61 – paragraphs 3
3. Europol may award grants without a call for proposals to Member States for performance of activities falling within Europol’s objectives and tasks set out in Articles 3 and 4.;
Amendment 548 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point c
Article 1 – paragraph 1 – point 39 – point c
Regulation (EU) 2016/794
Article 61 – paragraph 3a
Article 61 – paragraph 3a
3a. Where duly justified for operational purposes, following the authorization of the Management Board and after having informed the JPSG, financial support may cover the full investment costs of equipment, and infrastructure or other assets.; .;
Amendment 550 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EU) 2016/794
Article 67 – paragraphs 1 and 2
Article 67 – paragraphs 1 and 2
Amendment 551 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40 a (new)
Article 1 – paragraph 1 – point 40 a (new)
Regulation (EU) 2016/794
Article 68 – paragraph 1
Article 68 – paragraph 1
(40 a) in Article 68, the following sentence is added at the end of paragraph 1: "Conducting a thorough evaluation assessment of Europol’s tasks and activities shall be a precondition before considering any future revision of Europol’s Regulation."
Amendment 552 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) 2016/794
Article 68 – paragraph 3
Article 68 – paragraph 3
3. The Commission shall, by [three years after entry into force of this Regulation], submit a report to the European Parliament and to the Council, assessing the operational benefitsn impact assessment and evaluation of the implementation of the competences provided for in the new Regulation, in particular, with regards to Article 18(2)(e) and (5a), Article 18a, Article 26 and Article 26a with regard to Europol’s objectives set out in Article 3. The report shall coverassess the impact of those competences on fundamental rights and freedoms as enshrined in the Charter of Fundamental Rights..