BETA

Activities of Franco ROBERTI related to 2020/0349(COD)

Shadow reports (1)

2021/10/15
Committee: LIBE
Dossiers: 2020/0349(COD)
Documents: PDF(485 KB) DOC(231 KB)
Authors: [{'name': 'Javier ZARZALEJOS', 'mepid': 197606}]

Legal basis opinions (0)

Amendments (61)

Franco ROBERTI, Sabrina PIGNEDOLI

Proposal for a regulation
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).deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2016/794
Article 2 – paragraph 1 – point p

(p) ‘administrative personal data’ means all personal data processed by Europol apart from operational personal data;;

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c – introductory part

Regulation (EU) 2016/794
Article 2 – paragraph 1 – point q

(c) the following point (q) isand (qa) are added:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c

Regulation (EU) 2016/794
Article 2 – paragraph 1 – point q a (new)

(q a) ‘crisis situation’ means an ongoing or recent real-world event relating to terrorism or violent extremism, where online material is created depicting harm to life orto physical integrity, or calls for imminent harm to life or physical integrity, and aims at, or has the effect of seriously intimidating a population, and where there is an anticipated potential of exponential multiplication and virality across multiple online services.”

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point ii

Regulation (EU) 2016/794
Article 4 paragraph 1 – point j

(j) cooperate with the Union bodies established on the basis of Title V of the TFEU, ands well as with OLAF and ENISA, in particular through exchanges of information and by providing them with analytical support in ~~the~~ areas ~~that~~ falling, within their competence;;

2021/06/10
Committee: LIBE

Franco ROBERTI, Sabrina PIGNEDOLI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point ii

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point j a – new

(j a) cooperate with Financial Intelligence Units regulated by Directive 2015/849 of the European Parliament and of the Council on the basis of Article 114 TFEU, in particular through exchanges of information and by providing them with analytical support to combat money laundering and terrorism financing

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point m

(m) support Member States’ actions in preventing and combating forms of crime listed in Annex I which are facilitated, promoted or committed using the internet, including, in cooperation with Member States, the coordination of law enforcement authorities’ response to cyberattacks, the taking down of terrorist content online, and the making of referrals of internet content~~, by which such~~ to the online service providers concerned, of content whereby these 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;;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point r

(r) enter alerts containing personal data 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);

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point t

(t) proactively monitor and contribute to research and innovation activities relevant to achieveing the objectives set out in Article 3, by supporting related activities of Member States, and implementing its research and innovation activities regarding matters covered by this Regulation, including the development, training, testing and validation of algorithms for the development of ~~tools~~specific tools for the use of law enforcement.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794
Article 4 – paragraph 1 – ponit u

(u) support Member States’ actions in preventing the dissemination of online content related to terrorism or violent extremism in crisis situations, which stems from an ongoing or recent real-world event, depicts harm to life or physical integrity or calls for imminent harm to life or physical integrity, and 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 providersas defined in Article 26a.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d

Regulation (EU) 2016/794
Article 4 – paragraph 4b

4b. Europol shall support the Commission and the Member States in the screening of specific cases of foreign direct investments into the Union under Regulation (EU) 2019/452 of the European Parliament and of the Council* that concern undertakings providing technologies used ~~or being developed~~ by Europol or by Member States for the prevention and investigation of crimes covered by Article 3 on the expected implications for security.

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2016/794
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, 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.deleted

2021/06/10
Committee: LIBE

Franco ROBERTI, Sabrina PIGNEDOLI

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/794
Article 7 – paragraph 8

8. Member States shall ensure that their competent authorities, particularly their financial intelligence units established pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council*, are allowed to cooperate with Europol in accordance with Article 11 and Article 12 of Directive (EU) 2019/1153 of the European Parliament and the Council**, in particular via their national unit regarding, via their national unit or, if allowed by that Member State, by direct contact with Europol regarding bank account information, financial information and analyses, within the limits of their mandate and competence.”

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii

Regulation (EU) 2016/794
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 ~~tools~~specific tools for the use of law enforcement;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii

Regulation (EU) 2016/794
Article 18 – paragraph 2 – point f

(f) supporting Member States in informing the public about suspects or convicted individuals who are wanted, based on a national judicial decision relating to a criminal offence in respect of which Europol is competent, and facilitateing the provision of information, to the Member States and Europol, by the public on these individuals.

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EU) 2016/794
Article 18 – paragraph 3a

3a. Processing of personal data for the purpose of research and innovation as referred to in point (e) of paragraph 2 shall be performed by means of Europol’s research and innovation projects with clearly defined ~~objectives, duration and scope of the personal data processing involved, in respect of which~~purpose and objectives, and shall be subject to the additional specific safeguards, as set out in Article 33a ~~shall apply~~, in respect of the duration and scope of the necessary personal data processing.

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d

Regulation (EU) 2016/794
Article 18 – paragraph 5a

5a. Prior to the 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 sole 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 in accordance with paragraph 5.

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d

Regulation (EU) 2016/794
Article 18 – paragraph 6

Europol may only process personal data pursuant to this paragraph for a maximum period of one year, or in duly justified cases for a longer period with the prior authorisation of the EDPS, where necessary and proportionate for the purpose of this Article. Where such temporary processing is no longer necessary and proportionate, where the results of the processing indicates that personal data do not comply with the requirements of paragraph 5 of this Article, ~~Europol shall delete that data~~ or in any case at the end of the processing period, Europol shall permanently delete that personal data and the results of the processing,and inform the provider of the data accordingly.”

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/794
Article 18a – Title

~~Information processing~~Processing of personal data in support of a criminal investigation

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/794
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 their information.

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/794
Article 18a – paragraph 2 – subparagraph 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.~~ personal data, in particular regarding the scale and complexity of the processing and the type and importance of the specific investigation

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/794
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~~personal data, in particular as to the scale of the processing. Such personal data shall be functionally separated from other data and may only be accessed where necessary for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process. Where Europol reaches the conclusion that there are preliminary indications that such data is disproportionate or collected in violation of fundamental rights, Europol shall not process it, but permanently delete it. When the processing period for the personal data ends, the personal data shall be permanently deleted.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c

Regulation (EU) 2016/794
Article 20 – paragraph 5

5. When national procedural law allows for Europol staff to provide evidence ~~which~~that has caome to their knowledge in the performance of their duties or the exercise of their activities, only Europol staff authorised by the Executive Director to do so shall be able to give such evidence in ~~judici~~criminal proceedings in the Member States.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/794
Article 20a – paragraph 2

2. Proceeding a request by the EPPO, Europol shall actively support the investigations and prosecutions of the EPPO and cooperate with it, in particular through exchanges of information and by providing analytical support.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2016/794
Article 21 – paragraph 8

8. If, during information-processing activities in respect of a~~n individual~~ specific investigation or ~~specific~~ project, Europol identifies information relevant to possible illegal activity affecting the financial interest of the Union, Europol shall, on its own initiative, without undue delay, provide OLAF with that information.

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2016/794
Article 24 – paragraph 1

1. SIn line with Article 71(2) of Regulation (EU) 2018/1735 and subject to any further restrictions pursuant to this Regulation, in particular pursuant to Article 19(2) and (3) and without prejudice to Article 67, Europol shall only transmit operational personal data to another Union institution, body, office or agency if the personal data are necessary for the legitimate performance of tasks of the other Union institution, body, office or agency.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a a (new)

Regulation (EU) 2016/794
Article 25 – paragraph 1 – subparagraph 1

-a a Subparagraph 1 of paragraph 1 is replaced by the following: "Chapter V of Regulation (EU) 2018/1725 shall apply to transfers of administrative personal data to third countries and international organisations. In cases of transfers of personal operational data to third countries and international organisations, this Regulation, including any possible restrictions pursuant to Article 19(2) or (3) and taking into account Article 67, and Article 94 of Regulation (EU) 2018/1725 shall apply."

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a a (new)

Regulation (EU) 2016/794
Article 25 – paragraph 3

-a a Paragraph 3 is deleted.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a

Regulation (EU) 2016/794
Article 25 – paragraph 5

By way of derogation from paragraph 1, the Executive Director may authorise the transfer or specific categories of transfers of personal data to third countries or international organisations on a case-by- case basis if the transfer is, or the related transfers are:;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a

Regulation (EU) 2016/794
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~~the 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 purpose of~~necessary processing for 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 purpose of~~necessary processing for establishing jurisdiction, in accordance with Article 25 to contact points and authorities concerned, as referred to in points (b) and (c) of paragraph 1. 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 place.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b

Regulation (EU) 2016/794
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~~to the third country concerned.

2021/06/10
Committee: LIBE

(c) the transmission or transfer of personal data ~~which~~that are publicly available is strictly necessary for the performance of the task set out in point (m) of Article 4(1) and the following conditions are met:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c

Regulation (EU) 2016/794
Article 26 – paragraph 5 – point c – point i

(i) the transmission or transfer concerns an individual and a specific case;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c

Regulation (EU) 2016/794
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, but with which the Union has concluded an international agreement pursuant to Article 218 TFEU or ~~which is the subject of~~there is 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 is:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c

Regulation (EU) 2016/794
Article 26 – paragraph 6 – subparagraph 1 point (d)

(d) necessary in individual cases for the purposes of the prevention, investigation, detection or prosecution of a specific criminal offences for which Europol is competent; or

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d

Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 1

6a. Europol may send a reasoned request to Member States, via their national units, to obtain strictly necessary personal data from private parties, ~~which~~that are 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 limited to what is necessary for Europol with a ~~view to~~sole purpose of identifying the national units concerned. In such cases, where a Member State decides to make a request on behalf of Europol, they shall inform the private parties, that the provision of the requested information in these cases is voluntary. The personal data requested shall be as targetted as possible and refer to the least sensitive personal data available.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d

Regulation (EU) 2016/794
Article 26 – paragraph 6b

6b. Europol’s infrastructure may be used for exchanges between the competent authorities of Member States and private parties in accordance with the respective Member States’ national laws. In cases where Member States use this infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol shall not have access to that data and shall be considered as a “processor” in the meaning of Article 29 of Regulation (EU) 2018/1725.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a – introductory part

Regulation (EU) 2016/794
Article 30 – paragraph 2

(a) in paragraph 2~~, the first sentence~~ is replaced by the following and paragraph 2a is added:

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a

Regulation (EU) 2016/794
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 the processing of genetic data ~~and~~, biometric data for the purpose of uniquely identifying a natural person, or data concerning ~~a person’s health or~~health or concerning natural persons’ sex life or sexual orientation shall be allowed only where strictly necessary and proportionate for operational purposes, within the mandate of Europol, and subject to appropriate safeguards for the rights and freedoms of the data subject, and only for the purposes of preventing or combating crime that falls within Europol’s objectives, and only if those data supplement other personal data processed by Europol.; Discrimination against natural persons on the basis of such personal data shall be prohibited

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a

Regulation (EU) 2016/794
Article 30 – paragraph 2 a (new)

2 a. The data protection officer shall be informed without undue delay of recourse to this Article.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point c

Regulation (EU) 2016/794
Article 30 – paragraph 2

~~(c) paragraph 4 is~~ deleted;

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 19

Regulation (EU) 2016/794
Article 33a – paragraph 1 – point a

(a) any project shall be subject to prior authorisation by the Executive Director, based on a description of the envisaged processing activity, setting out the necessity toand pro~~cess personal data, such as for exploring and testing innovative solutions and ensuring accuracy of the project results~~portionality to process the personal data, a description of the personal data to be processed, a description of the retention period and conditions for access to the personal data, a data protection impact assessment of the risks to all rights and freedoms of data subjects, including of any bias in the outcome, and the measures envisaged to address those risks;

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 19

Regulation (EU) 2016/794
Article 33a – paragraph 1 – point a a (new)

(a a) when processing personal data for research and innovation, the processing shall only take place where: (i) fully required in order to achieve the objectives of the project; (ii) the use of anonymised personal data is not possible; (iii) the processing of special categories of personal data is excluded, or where explicitly, strictly necessary, accompanied by appropriate additional safeguards;and (iv) principles of data minimisation, privacy by design and default are guaranteed;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a

Regulation (EU) 2016/794
Article 34 – paragraph 1

1. IWithout prejudice to Article 92 of Regulation (EU) 2018/1725, in the event of a personal data breach, Europol shall without undue delay notify 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.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b

Regulation (EU) 2016/794
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~~m 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 he~~their 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.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 29

Regulation (EU) 2016/794
Article 41 –paragraph 1

1. The Management Board shall appoint a Data Protection Officer, who shall be a member of the staff specifically appointed for this purpose. ~~In the performance of his or her duties, he or she shall act independently and may not receive any instructions.~~

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 29

Regulation (EU) 2016/794
Article 41 – paragraph 2

2. The Data Protection Officer shall be selected on the basis of ~~his or her personal and~~their professional qualities and, in particular, the expert knowledge of data protection law and practices and the ability to fulfil ~~his or he~~their tasks under this Regulation.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 29

Regulation (EU) 2016/794
Article 41 – paragraph 3

3. The selection of the Data Protection Officer shall not be liable to result in a conflict of interests between ~~his or he~~their duty as Data Protection Officer and any other official duties the ~~or she~~y may have had, in particular in relation to the application of this Regulation.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 29

Regulation (EU) 2016/794
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 Executive 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 dutiesdeleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 29

Regulation (EU) 2016/794
Article 41 – paragraph 5

~~5. After his or her designation, the Data Protection Officer shall be registered with the European Data Protection Supervisor by the Management Boar~~deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41a – paragraph 2

2. Europol shall support the Data Protection Officer in performing the tasks referred to in Article 41c by providing the resources and staff necessary to carry out those tasks and by providing access to personal data and processing operations, and to maintain ~~his or he~~their expert knowledge. The related staff may be supplemented by an assistant DPO in the area of operational and administrative processing of personal data.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41a – paragraph 3

3. Europol shall ensure that the Data Protection Officer ~~does~~acts independently and shall not receive any instructions regarding the exercise of those tasks. The Data Protection Officer shall report directly to the Management Board. The Data Protection Officer shall not be dismissed or penalised by the Management Board for performing ~~his or he~~their tasks.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794

5. The Management Board shall adopt further implementing rules concerning the Data Protection Officer. Those implementing rules shall in particular concern the selection procedure for the position of the Data Protection Officer, ~~his or he~~their dismissal, tasks, duties and powers, and safeguards for the independence of the Data Protection Officer.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41a – paragraph 6

6. The Data Protection Officer and ~~his or he~~their staff shall be bound by the obligation of confidentiality in accordance with Article 67(1).

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41a – paragraph 6 a (new)

6 a. The Data Protection Officer shall be appointed for a term of four years and shall be eligible for reappointment. The Data Protection Officer may be dismissed from their post by the Executive Board only with the agreement of the EDPS, if they no longer fulfil the conditions required for the performance of their duties

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41a – paragraph 6 b (new)

6 b. After their designation, the Data Protection Officer shall be registered with the European Data Protection Supervisor by the Management Board.

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41b – paragraph 1 – point h

(h) cooperating with ~~the EDPS~~and responding to requests of the EDPS, within the sphere of their competence, to cooperate and consult with the European Data Protection Supervisor at the latter’s request or on their own initiative;;

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41a

(k a) (l) ensuring that the rights and freedoms of data subjects are not adversely affected by processing operations;

2021/06/10
Committee: LIBE

Franco ROBERTI, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 1 – point 30

Regulation (EU) 2016/794
Article 41b

1 a. The data protection officer may make recommendations for the practical improvement of data protection and advise on matters concerning the application of data protection provisions. Furthermore they may, on their own initiative or at request of the Management Board or any individual, investigate matters and occurrences directly relating to their tasks which come to their notice, and report back to the person who commissioned the investigation or to the Management Board.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a

Regulation (EU) 2016/794
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, the categories of personal data being processed, the additional safeguards used, the data minimisation processes used, and the law enforcement needs they seek to address.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794

(i a) annual information on the number and types of cases where sensitive categories of personal data were processed, pursuant to Article 30(2);

2021/06/10
Committee: LIBE