BETA

Activities of Gwendoline DELBOS-CORFIELD related to 2021/0410(COD)

Plenary speeches (1)

Automated data exchange for police cooperation (“Prüm II”) (debate)
2024/02/07
Dossiers: 2021/0410(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council
2023/05/26
Committee: LIBE
Dossiers: 2021/0410(COD)
Documents: PDF(394 KB) DOC(181 KB)
Authors: [{'name': 'Paulo RANGEL', 'mepid': 96903}]

Amendments (83)

Amendment 252 #
Proposal for a regulation
Recital 5 a (new)
(5 a) Given the sensitivity of the data concerned and the strict rules for processing such data adopted in Directive (EU) 2016/680, automated searches and exchange of data for the prevention, detection and investigation of criminal offences should only be allowed for offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.
2022/11/03
Committee: LIBE
Amendment 258 #
Proposal for a regulation
Recital 7
(7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, and vehicle registration data, facial images and police records, the purpose of this Regulation is also to allow for the search of missing persons and unidentified human remains. This should be without prejudice to the entry of SIS alerts on missing persons and the exchange of supplementary information on such alerts under Regulation (EU) 2018/1862 of the European Parliament and of the Council.33 _________________ 33 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).
2022/11/03
Committee: LIBE
Amendment 270 #
Proposal for a regulation
Recital 10
(10) The identification of a criminal is essential for a successful criminal investigation and prosecution. The automated searching of facial images of suspects and convicted criminals should provide for additionsuspect of or a person convicted of a serious criminal offence is essential information for a successfully identifying criminals and f investighating crimeon and prosecution.
2022/11/03
Committee: LIBE
Amendment 277 #
Proposal for a regulation
Recital 12
(12) Participation in the exchange of police records should remain voluntary. Where Member States decide to participate, in the spirit of reciprocity, it should not be possible for them to query other Member States’ databases if they do not make their own data available for queries by other Member States.deleted
2022/11/03
Committee: LIBE
Amendment 281 #
Proposal for a regulation
Recital 13
(13) In recent years, Europol has received a large amount of biometric data of suspected and convicted terrorists and criminals from several third countries. Including third country-sourced data stored at Europol in the Prüm framework and thus making this data available to law enforcement authorities is necessary for better prevention and investigation of criminal offences. It also contributes to building synergies between different law enforcement tools.deleted
2022/11/03
Committee: LIBE
Amendment 289 #
Proposal for a regulation
Recital 15
(15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection with each Member State, per data category. The router and the European Police Records Index System (EPRIS) established by this Regulation should simplify the technical architecture of the Prüm framework and serve as connecting points between all Member States. The router should require a single connection per Member State in relation to biometric data and EPRIS should require a single connection per Member State in relation to police records.
2022/11/03
Committee: LIBE
Amendment 295 #
Proposal for a regulation
Recital 17
(17) In case of a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requested Member State should return a limited set of core data via the router within 24 hours. The deadline would ensure fast communication exchange between Member States’ authorities. Member States should retain control over the release of this limited set of core data. A certain degree of hHuman intervention should be maintained at key points in the process, including for the decision to release personal data to the requesting Member State in order to ensure that there would be no automated exchange of core data.
2022/11/03
Committee: LIBE
Amendment 299 #
Proposal for a regulation
Recital 19
(19) The universal message format (UMF) standard should be used in the development of the router and EPRIS. Any automated exchange of data in accordance with this Regulation should use the UMF standard. Member States’ authorities and Europol are encouraged to use the UMF standard also in relation to any further exchange of data between them in the context of the Prüm II framework. The UMF standard should serve as a standard for structured, cross- border information exchange between information systems, authorities or organisations in the field of Justice and Home Affairs.
2022/11/03
Committee: LIBE
Amendment 313 #
Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences (Prüm II).
2022/11/03
Committee: LIBE
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 2
This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data and the rules regarding the exchange of core data following a match.
2022/11/03
Committee: LIBE
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1
The purpose of Prüm II shall be to step up cross-border cooperation in matters covered by Part III, Title V, Chapter 5 of the Treaty on the Functioning of the European Union, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences.
2022/11/03
Committee: LIBE
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 2
The purpose of Prüm II shall also be to allow for the search for missing persons and unidentified human remains by authorities responsible for the prevention, detection and investigation of criminal offences.deleted
2022/11/03
Committee: LIBE
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 1
This Regulation applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data, facial images, police recordand certain vehicle registration data, only in the context of searches for suspects and cpertain vehicle registration datasons convicted of serious crimes.
2022/11/03
Committee: LIBE
Amendment 336 #
Proposal for a regulation
Article 4 – paragraph 1 – point 9
(9) ‘individual case’ means one or more persons who have been convicted of a serious crime or are reasonably suspected of a serious crime in accordance with this Regulation, in a single investigation file;
2022/11/03
Committee: LIBE
Amendment 339 #
Proposal for a regulation
Article 4 – paragraph 1 – point 10
(10) ‘facial image’ means digital image of the face;deleted
2022/11/03
Committee: LIBE
Amendment 343 #
Proposal for a regulation
Article 4 – paragraph 1 – point 11
(11) ‘biometric data’ means DNA profiles, dactyloscopic data or facial images;deleted
2022/11/03
Committee: LIBE
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 1 – point 16
(16) ‘police records’ means any information available in the national register or registers recording data of competent authorities, for the prevention, detection and investigation of criminal offences;deleted
2022/11/03
Committee: LIBE
Amendment 361 #
Proposal for a regulation
Chapter 1 a (new)
1a CHAPTER 1a (NEW) - CONNECTION OF DATABASES Article 5a (new) Data protection impact assessments Member States shall conduct an ex ante Data Protection Impact Assessment and prior consultation referred to in Articles 27 and 28 of Directive (EU) 2016/680, respectively, including to ensure that data in the database(s) have been stored in accordance with the requirement of strict necessity, prior to the connection of any system to the router or Eucaris, as referred to in Article 63(2); Article 5b (new) Procedural guarantees for connected databases 1.Member States shall ensure that data in any database(s) connected to the router, as referred to in Article 63(2) contain only the data of persons convicted of having committed offences as referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State, or persons meeting the criteria of serious, reasoned grounds of suspicion referred to in Article 6(b) of Directive (EU) 2016/680; 2.Member States shall ensure that data in any database(s) connected to the router, as referred to in Article 63(2) are removed within 3 months of the person’s acquittal or a decision not to charge, except where there is a specific basis in national law for the retention of data in specific circumstances beyond 3 months; 3.Member States shall ensure that persons are informed of their inclusion in the database and their rights of redress, except where this will be prejudicial to an ongoing investigation of a serious criminal offence; 4.Member States shall report annually to the European Commission on the following anonymised statistics: (a) The number of persons whose data are held in each connected database; (b) The proportion of persons whose data are held in each connected database that are suspected, and how many convicted; (c) The types of crimes that the persons whose data are held in each connected database are suspected of or have committed, as proportions of the overall database; 5.The European Commission shall make these anonymous statistics, disaggregated by Member State, publicly available; Article 5c (new) Data protection guidance The European Data Protection Board shall issue guidelines on the implementation of Directive (EU) 2016/680 in the context of criminal databases and the cross-border exchange of data, in particular concerning accuracy, strict necessity, and ensuring respect for the right to data protection. The Commission shall adopt a practical handbook implementing these guidelines in the form of a recommendation; Article 5d (new) Procedural guarantees following a match Member States shall ensure that they have corroborating evidence before arresting or detaining an individual, meaning that such arrests or detainment cannot be pursued solely on the basis of a match returned via the Prüm router, ECRIS or Eucaris; Article 5e (new) Public transparency Member States and Europol shall publicly disclose which databases are connected to the Prüm router, ECRIS or Eucaris, including the relevant controller(s) and processor(s), and a summary of the results of the Data Protection Impact Assessment conducted pursuant to Article 5a (new);or Eucaris
2022/11/03
Committee: LIBE
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. Member States shall open and keep national DNA analysis files for the investigation of serious criminal offences.
2022/11/03
Committee: LIBE
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Member States shall allow national contact points referred to in Article 29 and Europol access to the DNA reference data in their DNA analysis files, to conduct automated searches by comparing DNA profiles for the investigation of serious criminal offences.
2022/11/03
Committee: LIBE
Amendment 385 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Searches may be conducted only in individual cases and in compliance with the national law of the requesting Member State, and only for investigation of serious criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State..
2022/11/03
Committee: LIBE
Amendment 390 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. Should an automated search show that a supplied DNA profile matches DNA profiles entered in the requested Member State's searched file, the national contact point of the requesting Member State shall receive in an automated way the DNA reference data with which a match has been founda notification of a potential match..
2022/11/03
Committee: LIBE
Amendment 393 #
Proposal for a regulation
Article 6 – paragraph 3
3. The national contact point of the requesting Member State shall confirm a match of DNA profiles data with DNA reference data held by the requested Member State following the automated supply of the DNA reference data required for confirming a match.Should the search show that a supplied DNA profile matches DNA profiles entered in the requested Member State’s searched file, the national contact point of the requested Member State shall request:
2022/11/03
Committee: LIBE
Amendment 396 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
3 a. a human review by an authorised router user pursuant to Article 36 to ensure the profile is of sufficient quality, accuracy and veracity; and
2022/11/03
Committee: LIBE
Amendment 397 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
3 b. a human review either by an authorised router user pursuant to Article 36, or by an independent judicial authority, to confirm that the request from the requesting Member State respects the fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680;
2022/11/03
Committee: LIBE
Amendment 399 #
Proposal for a regulation
Article 6 – paragraph 3 c (new)
3 c. Requesting Member States shall receive the DNA reference data with which a match has been found as soon as reasonably possible after paragraphs 3(a) and 3(b) have been completed, except in the circumstances referred to in Article 6(5) of this Regulation; Requested Member States may refuse to share the DNA reference data if they determine that it disproportionately infringes on the rights and freedoms of the data subject or if they determine it to be prejudicial to an ongoing investigation. The justification for such refusals must be provided promptly to the requesting Member State.
2022/11/03
Committee: LIBE
Amendment 404 #
Proposal for a regulation
Article 7 – paragraph 1
1. Member States may, via their national contact points, compare the DNA profiles of their unidentified DNA profiles with all DNA profiles from other national DNA analysis files for the investigation of serious criminal offences. Profiles shall be supplied and compared in an automated manner.
2022/11/03
Committee: LIBE
Amendment 418 #
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
(d a) for DNA profiles of categories of data subjects other than convicted criminals or suspects, a detailed justification, which includes the specific purpose of the search.
2022/11/03
Committee: LIBE
Amendment 421 #
Proposal for a regulation
Article 11 – paragraph 3
3. Automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. The European Data Protection Board shall issue guidelines to determine the minimum number of loci to ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. The Commission shall adopt implementing acts to specify this minimum number of loci and maximum number of candidates, in accordance with the procedure referred to in Article 76(2).
2022/11/03
Committee: LIBE
Amendment 425 #
Proposal for a regulation
Article 11 – paragraph 4
4. Where a search or comparison with unidentified DNA profiles results in a match, each requested Member State with matching data may insert a marking in its national database indicating that there has been a match for that DNA profile following another Member State's search or comparison. Where applicable, this marking shall include the justification pursuant to paragraph 1(3).
2022/11/03
Committee: LIBE
Amendment 433 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to the dactyloscopic reference data in the automated fingerprint identification systems which they have established for that purpose, to conduct automated searches by comparing dactyloscopic reference data.
2022/11/03
Committee: LIBE
Amendment 435 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Searches may be conducted only in individual cases and in compliance with the national law of the requesting Member State, and only for investigation of serious criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State..
2022/11/03
Committee: LIBE
Amendment 441 #
Proposal for a regulation
Article 13 – paragraph 2
2. The national contact point of the requesting Member State shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the automated supply of the dactyloscopic reference data required for confirming a match.
2022/11/03
Committee: LIBE
Amendment 458 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to the following national vehicle registration data, to conduct automated searches in individual cases:
2022/11/03
Committee: LIBE
Amendment 462 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) data relating tospecific data on owners or operators;
2022/11/03
Committee: LIBE
Amendment 465 #
Proposal for a regulation
Article 18 – paragraph 3
3. Searches may be conducted only in compliance with the national law of the requesting Member State, and only for investigation of criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.
2022/11/03
Committee: LIBE
Amendment 475 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Those logs shall be protected by appropriate measures against unauthorised access and erased onthree years after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
2022/11/03
Committee: LIBE
Amendment 481 #
Proposal for a regulation
Chapter 2 – Section 4
[...]deleted
2022/11/03
Committee: LIBE
Amendment 516 #
Proposal for a regulation
Chapter 2 – Section 5
[...]deleted
2022/11/03
Committee: LIBE
Amendment 542 #
Proposal for a regulation
Article 29 – paragraph 2
The national contact points shall be responsible for supplying the data referred to in Articles 6, 7, 13, 18, 22 and 26.
2022/11/03
Committee: LIBE
Amendment 545 #
Proposal for a regulation
Article 30 – paragraph 1
The Commission shall adopt implementing acts to specify the technical arrangements for the procedures set out in Articles 6, 7, 13, 18, 22 and 26. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 76(2).
2022/11/03
Committee: LIBE
Amendment 549 #
Proposal for a regulation
Article 31 – paragraph 1
Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records. The Commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in Article 76(2).
2022/11/03
Committee: LIBE
Amendment 557 #
Proposal for a regulation
Article 32 – paragraph 1
1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, and vehicle registration data, facial images and police records is possible 24 hours a day and seven days a week.
2022/11/03
Committee: LIBE
Amendment 568 #
Proposal for a regulation
Article 33 – paragraph 2 – point a
(a) the purpose of the query, including a reference to the specific case or investigation, and information about the specific criminal offence;
2022/11/03
Committee: LIBE
Amendment 574 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
(b) an indication on whether the query concerns a suspect or a perpetrator of ason convicted of a serious criminal offence;
2022/11/03
Committee: LIBE
Amendment 582 #
Proposal for a regulation
Article 34 – paragraph 1
1. The universal message format (UMF) standard shall be used in the development of the router referred to in Article 35 and EPRIS.
2022/11/03
Committee: LIBE
Amendment 585 #
Proposal for a regulation
Article 35 – paragraph 2 – point a
(a) a central infrastructure, including a search tool enabling the simultaneous querying of Member States’ databases referred to in Articles 5, 12 and 21 as well as of Europol data;
2022/11/03
Committee: LIBE
Amendment 589 #
Proposal for a regulation
Article 36 – paragraph 1
The use of the router shall be reserved only to the specific individuals within the Member States’ designated authorities that have acand for whom it is strictly necessary to the exchange ofaccess to DNA profiles, and dactyloscopic data and facial images, and Europol, in accordance with this Regulation and Regulation (EU) 2016/794. Each individual shall undergo prior, individual authorisation to use the router and shall have completed data protection training.
2022/11/03
Committee: LIBE
Amendment 593 #
Proposal for a regulation
Article 37 – paragraph 1
1. The router users referred to in Article 36 shall request a query by submitting biometric data to the router. The router shall dispatch the request for a query to the Member States’ databases and Europol data simultaneously with the data submitted by the user and in accordance with their access rights.
2022/11/03
Committee: LIBE
Amendment 594 #
Proposal for a regulation
Article 37 – paragraph 2
2. On receiving the request for a query from the router, each requested Member State and Europol shall launch a query of their databases in an automated manner and without delay.
2022/11/03
Committee: LIBE
Amendment 597 #
Proposal for a regulation
Article 37 – paragraph 3
3. Any matches resulting from the query in each Member States’ databases and Europol data shall be sent back in an automated manner to the routerto the router, following the manual review process set out in Articles 6(3-5), 13(3-5) or 18(3-5), according to the type of data.
2022/11/03
Committee: LIBE
Amendment 604 #
Proposal for a regulation
Article 37 – paragraph 4
4. The router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the Member States’ databases and Europol data. The ranking process and technology shall be verified by the European Data Protection Board to make sure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination.
2022/11/03
Committee: LIBE
Amendment 605 #
Proposal for a regulation
Article 37 – paragraph 4 a (new)
4a. EU-LISA shall make publicly available information about the supplier of the ranking technology, and about the technology as such.
2022/11/03
Committee: LIBE
Amendment 608 #
Proposal for a regulation
Article 37 – paragraph 5
5. The list of matching biometric data and their scores shall be returned to the router user by the router, and shall be limited to a maximum number of candidates that can be returned per search in order to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. The European Data Protection Board shall verify the number of candidates.
2022/11/03
Committee: LIBE
Amendment 610 #
Proposal for a regulation
Article 37 – paragraph 6
6. The Commission shall adopt implementing acts to specify the technical procedure for the router to query Member States’ databases and Europol data, the format of the router replies and the technical rules for scoring the correspondence between biometric data. These implementing acts shall ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. These implementing acts shall be adopted in accordance with the procedure referred to in Article 76(2).
2022/11/03
Committee: LIBE
Amendment 613 #
Proposal for a regulation
Article 38 – paragraph 1
The requested Member State shall check the quality of the transmitted data by means of a fullyn automated procedure.
2022/11/03
Committee: LIBE
Amendment 619 #
Proposal for a regulation
Article 39 – paragraph 1
1. The router users referred to in Article 36 may launch a query to Member States’ databases and Europol data simultaneously with a query to the Common Identity Repository where the relevant conditions under Union law are fulfilled and in accordance with their access rights. For this purpose, the router shall query the Common Identity Repository via the European Search Portal. The Commission shall adopt implementing acts to specify these technical arrangements in accordance with the procedure referred to in Article 76(2)
2022/11/03
Committee: LIBE
Amendment 624 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Simultaneous queries of the Member States’ databases and Europol data and the Common Identity Repository may only be launched in cases where it is likelythere are reasonable grounds of suspicion that data on a suspect, perpetrator or a person convictimed of a terrorist offence or other serious criminal offences as defined respectively in Article 4, points 21 and 22, of Regulation (EU) 2019/817 and Article 4, points 21 and 22, of Regulation (EU) 2019/818 are stored in the Common Identity Repository.
2022/11/03
Committee: LIBE
Amendment 631 #
Proposal for a regulation
Article 40 – paragraph 3 – subparagraph 1
Those logs shall be protected by appropriate measures against unauthorised access and erased onthree years after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
2022/11/03
Committee: LIBE
Amendment 642 #
Proposal for a regulation
Chapter 3 – Section 2
[...]deleted
2022/11/03
Committee: LIBE
Amendment 673 #
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Where the procedures referred to in Articles 6, 7, 13 or 2213 show a match between the data used for the search or comparison and data held in the database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requesteding Member State shall return a set of core data via the router within 24 hours. That set of core data, if available, shall contain the following data:s may decide the matches for which a follow-up is necessary and send a reasoned follow-up request to the requested Member State(s) via SIENA.
2022/11/03
Committee: LIBE
Amendment 674 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 (new)
The requested Member State shall return a set of core data via the router within 72 hours, except in the circumstances referred to in Article 47(3) of this Regulation;
2022/11/03
Committee: LIBE
Amendment 675 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
The requested Member States may refuse to share the core data if they determine that it disproportionately infringes on the rights and freedoms of the data subject or if they determine it to be prejudicial to an ongoing investigation. The justification for such refusals must be provided promptly to the requesting Member State;
2022/11/03
Committee: LIBE
Amendment 678 #
Proposal for a regulation
Article 49
Access by Member States to third country- sourced biometric data stored by Europol 1. accordance with Regulation (EU) 2016/794, have access to, and be able to search via the router, biometric data which has been provided to Europol by third countries for the purposes of Article 18(2), points (a), (b) and (c), of Regulation (EU) 2016/794. 2. match between the data used for the search and Europol data, the follow-up shall take place in accordance with Regulation (EU) 2016/794.rticle 49 deleted Member States shall, in Where this procedure results in a
2022/11/03
Committee: LIBE
Amendment 686 #
Proposal for a regulation
Article 50 – title
AccRequests by Europol to access data stored in Member States’ databases
2022/11/03
Committee: LIBE
Amendment 689 #
Proposal for a regulation
Article 50 – paragraph 1
1. Europol shall, in accordance with Regulation (EU) 2016/794, havebe entitled to request access to data, which are stored by Member States in their national databases in accordance with this Regulation.
2022/11/03
Committee: LIBE
Amendment 690 #
Proposal for a regulation
Article 50 – paragraph 2
2. Europol queries performed with biometric data as a search criterion shall be carried out using the router.deleted
2022/11/03
Committee: LIBE
Amendment 692 #
Proposal for a regulation
Article 50 – paragraph 4
4. Europol queries performed with police records as a search criterion shall be carried out using EPRIS.deleted
2022/11/03
Committee: LIBE
Amendment 694 #
Proposal for a regulation
Article 50 – paragraph 5
5. Europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in points (d), (e), (h), (k), (q), (r), (s), (t) of Article 4 of Regulation (EU) 2016/794.
2022/11/03
Committee: LIBE
Amendment 696 #
Proposal for a regulation
Article 50 – paragraph 6 – introductory part
6. Where the procedures referred to in Articles 6, 7, 13 or 2213 show a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of that match by Europol, the requested Member State shall decide whether to return a set of core data via the router within 24 hours, in case the person is a suspect or a person convicted of a serious criminal offense. That set of core data, if available, shall contain the following data:
2022/11/03
Committee: LIBE
Amendment 700 #
Proposal for a regulation
Article 51 – paragraph 1
1. Processing of personal data by the requesting Member State or Europol shall be permitted solely for the purposes for which the data have been supplied by the requested Member State in accordance with this Regulation. Processing for other purposes shall be permitted solely with the prior authorisation of the requested Member State.
2022/11/03
Committee: LIBE
Amendment 707 #
Proposal for a regulation
Article 51 – paragraph 2 – point a
(a) establish whether the compared DNA profiles, dactyloscopic data, and vehicle registration data, facial images and police records match;
2022/11/03
Committee: LIBE
Amendment 716 #
Proposal for a regulation
Article 51 – paragraph 3
3. The requesting Member State may process the data supplied to it in accordance with Articles 6, 7, 13 or 2213 solely where this is necessary for the purposes of this Regulation. The supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary by the requesting Member State for the purposes of the prevention, detection and investigation of serious criminal offences.
2022/11/03
Committee: LIBE
Amendment 745 #
Proposal for a regulation
Article 55 – paragraph 5 a (new)
5a. This Article is without prejudice to data breach reporting obligations pursuant to Articles 34, 35, 92 and 93 of Regulation (EU) 2018/1725, and Articles 30 and 31 of Directive (EU) 2016(680).
2022/11/03
Committee: LIBE
Amendment 748 #
Proposal for a regulation
Article 56 – paragraph 2
2. The data controllers shall takeimplement the necessary technical and organisational measures to monitor the compliance of data processing pursuant to this Regulation, including through frequent verification of the logs referred to in Articles 40 and 45, and cooperate, where necessary, with the supervisory authorities and with the European Data Protection Supervisor.
2022/11/03
Committee: LIBE
Amendment 760 #
Proposal for a regulation
Article 60 – paragraph 2
2. eu-LISA and Europol shall supply information requested by the European Data Protection Supervisor to it, grant the European Data Protection Supervisor access to all the documents it requests and to their logs referred to in Articles 40 and 45 and allow the European Data Protection Supervisor access to all their premises at any time. This paragraph is without prejudice to other powers of the European Data Protection Supervisor pursuant to Article 58 of Regulation (EU) 2018/1725.
2022/11/03
Committee: LIBE
Amendment 766 #
Proposal for a regulation
Article 62 – paragraph 1
Data processed in accordance with this Regulation shall not be transferred or made available toAny data obtained by a requesting Member State in accordance with this Regulation shall require the consent of the requested Member State in order to be transferred to a third countriesy or toan international organisations, and shall not be transferred or made available in an automated manner.
2022/11/03
Committee: LIBE
Amendment 768 #
Proposal for a regulation
Article 62 a (new)
Article 62a Relation to other relevant data protection legislation The provisions of this Chapter are without prejudice to the application of both Directive (EU) 2016/680 and Regulation (EU) 2018/1725 as regards the processing of personal data in the context of law enforcement cooperation.
2022/11/03
Committee: LIBE
Amendment 778 #
Proposal for a regulation
Article 64 – paragraph 6
6. Europol shall be responsible for the procedures referred to in Articles 49 and 50.
2022/11/03
Committee: LIBE
Amendment 786 #
(fa) number of unconfirmed matches; and
2022/11/03
Committee: LIBE
Amendment 791 #
Proposal for a regulation
Article 72 – paragraph 2 – introductory part
2. Costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and EPRIS as well as costs incurred in connection with the establishment of national facial images databases and police national indexes for the prevention, detection and investigation of serious criminal offences shall be borne by the general budget of the Union.
2022/11/03
Committee: LIBE
Amendment 802 #
Proposal for a regulation
Article 78 – paragraph 1
The Commission shall, in close cooperation with the Member States, European Data Protection Supervisor, European Data Protection Board, and after consultation with civil society and independent experts, Europol and eu- LISA, make available a practical handbook for the implementation and management of this Regulation. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation.
2022/11/03
Committee: LIBE
Amendment 809 #
Proposal for a regulation
Article 79 – paragraph 4
4. For the purposes of technical maintenance, eu-LISA and Europol shall have access to the necessary information relating to the data processing operations performed in the router and EPRIS respectively. This shall exclude access to any personal data.
2022/11/03
Committee: LIBE