Activities of Hélène LAPORTE related to 2020/0349(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation
Amendments (5)
Amendment 20 #
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, in a sensible and measured regulatory framework, to request the competent authorities of a Member State 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. Europol should inform Eurojust of such requests.
Amendment 22 #
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 criminals 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 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 criminal 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 supports that specific criminal investigation. Europol should also be able to process personal data that is 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, 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. In view of the high degree of confidentiality of the data collected by Europol, the level of security against cyber-attacks or intrusions into the system should be increased to a maximum.
Amendment 23 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 25 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The Commission should ensure that the new Europol decryption platform will not be used to circumvent data protection standards and that it will maintain closely protected access rights to retrieved data.
Amendment 35 #
Proposal for a regulation
Recital 46
Recital 46
(46) This Regulation respects the fundamental rights 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 effective safeguards to ensure full compliance with fundamental rights as enshrined in the Charter of Fundamental Rights. 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. The new technology for the decryption platform should be subject to the appropriate data protection protocols, while ensuring that it does not pose a threat to fundamental rights.