17 Amendments of Birgit SIPPEL related to 2020/0349(COD)
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c – introductory part
Article 1 – paragraph 1 – point 1 – point c – introductory part
Regulation (EU) 2016/794
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(c) the following point (q) isand (qa) are added:
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/794
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 322 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2016/794
Article 18 – paragraph 3a
Article 18 – paragraph 3a
3a. Processing of personal 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 whichpurpose 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.
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 5a
Article 18 – paragraph 5a
5a. Prior to 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.
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2016/794
Article 18 – paragraph 6
Article 18 – paragraph 6
Europol may 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.”
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1 – point b
Article 18a – paragraph 1 – point b
(b) Europol assesses that it is not possible to carry out the operational analysis of the investigative case file without processing personal data that does not comply with the requirements of Article 18(5). This assessment shall be recorded and sent to the EDPS for their information.
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 2 – subparagraph 2
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
Amendment 356 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 3
Article 18a – paragraph 3
The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such datapersonal 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.
Amendment 376 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/794
Article 24 – paragraph 1
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.
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Regulation (EU) 2016/794
Article 26 – paragraph 6a – subparagraph 1
Article 26 – paragraph 6a – subparagraph 1
6a. Europol may send a reasoned request to Member States, via their national units, to obtain strictly necessary personal data from private parties, whichthat 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 tosole 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.
Amendment 436 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EU) 2016/794
Article 30 – paragraph 2
Article 30 – paragraph 2
2. .Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data and, biometric data for the purpose of uniquely identifying a natural person, or data concerning a person’s health orhealth 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
Amendment 439 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EU) 2016/794
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. The data protection officer shall be informed without undue delay of recourse to this Article.
Amendment 448 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point a
Article 33a – paragraph 1 – point a
(a) any 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 process personal data, such as for exploring and testing innovative solutions and ensuring accuracy of the project resultsportionality 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;
Amendment 450 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 1 – point a a (new)
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;
Amendment 499 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 2016/794
Article 41b – paragraph 1 – point h
Article 41b – paragraph 1 – point h
(h) cooperating with the EDPSand 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;;
Amendment 500 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 2016/794
Article 41a
Article 41a
(k a) (l) ensuring that the rights and freedoms of data subjects are not adversely affected by processing operations;
Amendment 501 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 2016/794
Article 41b
Article 41b