56 Amendments of Judith SARGENTINI related to 2017/0144(COD)
Amendment 72 #
Proposal for a regulation
Recital 11
Recital 11
(11) The ECRIS-TCN system should contain only the identity information of third country nationals convicted by a criminal court within the Union. Such identity information should include alphanumeric data, and fingerprint data in accordance with Framework Decision 2009/315/JHA, and facial images in as far as they are recorded in the national criminal records databases of the Member States.
Amendment 75 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 80 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 90 #
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should be obliged to make use of the ECRIS-TCN system in all cases where they receive a request for information on previous convictions of third country nationals in accordance with national law, and follow up on any hits with the Member States identified through the ECRIS system. This obligation should not be limited only to requests in connection with criminal investigations, but a clear list of other possible purposes should be set out in this Regulation.
Amendment 93 #
Proposal for a regulation
Recital 19
Recital 19
(19) A hit indicated by the ECRIS-TCN system should not automatically mean that the third country national concerned was convicted in the indicated Member State(s), nor that the indicated Member State(s) hold criminal record information on that third country national. The existence of previous convictions should only be confirmed based on information received from the criminal records of the Member States concerned.
Amendment 98 #
Proposal for a regulation
Recital 21
Recital 21
(21) The European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council23 , Eurojust established by Council Decision 2002/187/JHA24 [and the European Public Prosecutor's Office established by Regulation (EU) …/…25 ] should have access to the ECRIS-TCN system for identifying the Member State(s) holding criminal record information on a third county national in order to support their statutory tasks. for the prevention, detection, investigation and prosecution of criminal offences. _________________ 23 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 24 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 063, 6.3.2002, p.1). 25 Regulation (EU) .../... (OJ L ...).
Amendment 100 #
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation establishes strict access rules to the ECRIS-TCN system and the necessary safeguards, including the responsibility of the Member States in collecting and using the data. It also sets out thehow individuals' may exercise their rights to compensation, access, correction, deletion and redress, in particular the right to an effective remedy and the supervision of processing operations by public independent authorities. It therefore respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the right to protection of personal data, the principle of equality before the law and the general prohibition of discrimination, taking also into account the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and other human rights obligations under international law.
Amendment 102 #
Proposal for a regulation
Recital 23
Recital 23
(23) Directive (EU) 2016/680 of the European Parliament and of the Council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Regulation (EU) 2016/679 of the European Parliament and of the Council27 should apply to the processing of personal data by national authorities provided that national provisions transposing Directive (EU) 2016/680 do not apply. Coordinated supervision should be ensured in accordance with Article 62 of [the new data protection regulation for Union institutions and bodies]. [The new data protection regulation for Union institutions and bodies] should apply to the processing of personal data by eu- LISA. _________________ 26 Directive (EU 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89) 27 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 108 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) eu-LISA should provide regular statistics on the recording, storage and exchange of information extracted from criminal records through the ECRIS-TCN system, including through the use of statistics provided by Member States on the number of convicted third country nationals. However, these statistics should take into account the statistical bias stemming from the use of unrepresentative samples of the population, in this case third country nationals, and not draw any conclusions in comparative analyses.
Amendment 115 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'third country national' means a national of a country other than a Member State regardless of whether the person also holds the nationality of a Member State, or a stateless person or a person whose nationality is unknown to the convicting Member State;
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'fingerprint data' means the data relating to plain and rolled impressions of the fingerprints of all ten fingeralready collected by Member States' authorities;
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) surname (family name); first name(s) (given names); date of birth; place of birth (town and country); nationality or nationalities; gender; parents' names; where applicable previous names, pseudonym(s) and/or alias name(s); the code of the convicting Member State;
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) fingerprint data, only when the national law of a Member State where a conviction is handed down allows for collection and storage of fingerprints of a convicted person, and in accordance with Framework Decision 2009/315/JHA31 and with the specifications for the resolution and use of fingerprints referred to in point (b) of Article 10(1); the reference number of the fingerprint data of the convicted person including the code of the convicting Member State. _________________ 31 As amended by Directive of the European Parliament and the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA (….).
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 158 #
Proposal for a regulation
Article 6
Article 6
Amendment 167 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. When criminal records information on a third country national is requested in a Member State for the purposes of criminal proceedings against that third country national or for any purposes other than that of criminal proceedings in accordance with its national law, the central authority of that Member State shall use the ECRIS-TCN system to identify the Member State(s) holding criminal record information on that third county national in order to obtain information on previous convictions through ECRIS.
Amendment 169 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States authorities shall have access to the ECRIS-TCN system also for the following purposes, where provided for in their national law: (a) the prevention, detection, investigation of criminal offences; (b) security clearances; (c) employment in professions with sensitive tasks; (d) requests for information of the concerned person on his or her own criminal record; (e) licences for firearms or other hazardous materials; (f) the issuing of residence permits; (g) visa procedures; (h) naturalisation procedures; (i) adoption of children; (j) choice of foster care parents. Member States shall use the ECRIS-TCN system through their central authority to identify the Member State(s) holding criminal record information on that third county national in order to obtain information on previous convictions through ECRIS.
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 179 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the individual data record without dimmediatelay from the Central System, and in any event no later than one month after the expiry of that retention period.
Amendment 194 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. The Commission shall adopt, before [two years after the entry into force of this Regulation], the acts necessary for the development and technical implementation of the ECRIS- TCN system, and in particular rules on:
Amendment 196 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
Amendment 203 #
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
Amendment 205 #
Proposal for a regulation
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
Amendment 207 #
Proposal for a regulation
Article 10 – paragraph 1 – point h
Article 10 – paragraph 1 – point h
Amendment 209 #
Amendment 210 #
Proposal for a regulation
Article 10 – paragraph 1 – point j
Article 10 – paragraph 1 – point j
Amendment 211 #
Proposal for a regulation
Article 10 – paragraph 1 – point k
Article 10 – paragraph 1 – point k
Amendment 213 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Adoption of delegated acts by the Commission The Commission shall adopt the delegated acts in accordance with Article 35a concerning the development and technical implementation of the ECRIS- TCN system, and in particular rules on: (a) entering the data in accordance with Article 5; (b) accessing the data in accordance with Article 7; (c) amending and deleting the data in accordance with Articles 8 and 9; (d) keeping and accessing the logs in accordance with Article 29; (e) providing statistics in accordance with Article 30; (f) performance and availability requirements of the ECRIS-TCN system.
Amendment 221 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. eu-LISA shall develop and implement the ECRIS-TCN system before [two years after the entry into force of this Regulation] and following the adoption by the Commission of the measures provided for in Article 10.
Amendment 239 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Each Member State shall give the staff of its authorities which have a right to access the ECRIS-TCN system appropriate training, in particular on data security and data protection rules and on relevant fundamental rights, before authorising them to process data stored in the Central System.
Amendment 241 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the data are collected lawfully and fully respect the human dignity and fundamental rights of the third country national;
Amendment 244 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Third countries and international organisations may address their requests for information on previous convictions of third country nationals to Eurojust for the same purposes as for which Member States' authorities have access to ECRIS- TCN system pursuant to points 1 and 1a of Article 7.
Amendment 245 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When Eurojust receives a request as referred to in paragraph 1, it shall use the ECRIS-TCN system to determine which Member State(s) hold information on the third country national concerned, and shall, in cases where Member State(s) are identified, transmit the request immediately to the central authorities of those Member State(s). The Member States concerned shall be responsible for further dealing with such requests in accordance with their national law. Eurojust shall send an acknowledgement of receipt to the third country or international organisation requesting the information as referred to in paragraph 1.
Amendment 249 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Eurojust shall have direct access to the ECRIS-TCN system for the purpose of the implementation of Article 14, as well as for the purpose of the prevention, detection, investigation and prosecution of criminal offences when fulfilling its statutory tasks.
Amendment 251 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Europol [and the European Public Prosecutor's Office] shall have direct access to the ECRIS-TCN system for the purpose of the prevention, detection, investigation and prosecution of criminal offences when fulfilling their statutory tasks.
Amendment 254 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Following a hit indicating the Member State(s) holding criminal records information on a third country national, Eurojust, Europol[, and the European Public Prosecutor's Office] may use their contacts with the national authorities of those Member States established in accordance with their respective constituting legal instruments to request the conviction information. The European Public Prosecutor's Office shall not be refused access to such conviction information on the mere ground that the refusing Member State is not part of the enhanced cooperation procedure establishing the European Public Prosecutor's Office.
Amendment 260 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The bodies referred to in paragraph 1 shall give their staff who have a right to access the ECRIS-TCN system appropriate training, in particular on data security and data protection rules and on relevant fundamental rights, before authorising them to process data stored in the Central System.
Amendment 273 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. eu-LISA shall be considered as data processor in accordance with Regulation (EC) No 45/2001/EU [or its successor] as regards the personal data entered into the Central System by the Member States.
Amendment 276 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If a request is made to a Member State other than the convicting Member State, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ECRIS-TCN system within a time limit of one month if that check can be done without consulting the convicting Member State. Otherwise, the Member State other than the convicting Member State shall contact the authorities of the convicting Member State within 14ontact the authorities of the convicting Member State within seven days and the convicting Member State shall check the accuracy of the data and the lawfulness of the data processing within one month14 days from the contact.
Amendment 280 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. In the event that data recorded in the ECRIS-TCN system are factually inaccurate or have been recorded unlawfully, the convicting Member State shall correct or delete the data in accordance with Article 9. The convicting Member State or, where applicable, the Member State to which the request has been made shall confirm in writing to the person concerned without delay that action has been taken to correct or delete data relating to that person. If the request was made to a Member State other than the convicting Member State, that written confirmation shall specify the reasons for which the request was handled by the convicting Member State.
Amendment 283 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. If the convicting Member State to which the request has been made does not agree that data recorded in the ECRIS-TCN system are factually inaccurate or have been recorded unlawfully, that Member State shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him.
Amendment 284 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. Whenever a person requests data relating to him- or herself in accordance with paragraph 2, the central authority shall keep a record in the form of a written document that such a request was made and how it was addressed and by which authority and shall make that document available to the supervisory authorities without delay. That record shall be deleted after three years.
Amendment 286 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. In accordance with Chapter VIII of Directive (EU) 2016/680, in each Member State any person shall have the right to bring an action orbefore a court and the right to bring a complaint in the Member State which refused the right of access to or the right of correction or deletion of data relating to him or her, provided for in Article 23.
Amendment 290 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the national criminal records and fingerprints databases is carried out in accordance with relevant international auditing standards at least every fourthree years from the start of operations of the ECRIS- TCN system.
Amendment 293 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 296 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every fourthree years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission, the supervisory authorities and the national supervisory authorities. eu-LISA shall be given an opportunity to make comments before the report is adopted.
Amendment 297 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
Coordinated supervision shouldall be ensured in accordance with Article 62 of [new data protection Regulation for Union institutions and bodies].
Amendment 298 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security. Only logs containing non-personal data may be used for the monitoring and evaluation referred to in Article 34. Those logs shall be protected by appropriate measures against unauthorised access and deleted after onthree years, if they are no longer required for monitoring procedures which have already begun.
Amendment 300 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The duly authorised staff of eu- LISA, and the competent authorities, and the Commission shall have access to the data processed within the ECRIS-TCN system solely for the purposes of reporting and providing statistics without allowing for individual identification.
Amendment 301 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 302 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 308 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Member States shall notify eu-LISA of their central authorities which have access to enter, amend, delete consult or search data. eu-LISA shall regularly publish a list of these central authorities on its website.
Amendment 312 #
5. Three year18 months after the start of operations of the ECRIS-TCN system and every four years thereafter, the Commission shall produce an overall evaluation of the ECRIS-TCN system and the ECRIS reference implementation. That overall evaluation shall include an assessment of the application of the Regulation, an examination of results achieved against objectives and the impact on fundamental rights, and an assessment of the continuing validity of the underlying rationale, the application of the Regulation, the security of the system and any implications on future operations, and shall make any necessary recommendations. The evaluation shall cover in particular the level of exchange between Member States, including that of third country nationals; the purpose of requests and their respective number; and issues relating to protection of personal data and an assessment of the impact of this Regulation on fundamental rights. The Commission shall transmit the evaluation report to the European Parliament and the Council.
Amendment 317 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)