Activities of Georges BACH related to 2008/0062(COD)
Plenary speeches (1)
Cross-border exchange of information on road safety related traffic offences
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council facilitating the cross-border exchange of information on road safety related traffic offences PDF (303 KB) DOC (417 KB)
Amendments (7)
Amendment 43 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the data relating to the identification of an offender is personal, Member States must take the measures necessary to ensure that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data2 is complied with. The owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence should be informed accordingly, when notified of the offence, of his or her rights regarding access to, rectification of and deletion of data and of the maximum legal period for which the data can be kept. 2 OJ L 281, 23.11.1995, p. 31.
Amendment 44 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Apart from the temporary nature of their storage, data collected under this Directive should not, under any circumstances, be used for purposes beyond what is required in order to follow up on road safety offences. The Commission and the Member States should accordingly ensure that the processing of personal data and the management of the software applications used will serve to prevent any data collected from being used for purposes other than those specifically related to road safety.
Amendment 51 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The Member State of the offence shall, under this Directive, use the data obtained in order to establish who is personally liableliable under national law for road safety related traffic offences referred to in Articles 2 and 3.
Amendment 52 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means and towithout exchange of data involving other databases. Member States shall ensure that this exchange of information is conducted in a cost efficient and secure manner guaranteeing the confidentiality of the data transmitted, as far as possible using existing software applications such as the one especially designed for the purposes of Article 12 of Decision 2008/615/JHA, and amended versions of that software.
Amendment 57 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
The owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence shall be notified by means of the information letter that his or her personal data shall be treated in accordance with the provisions of Directive 95/46/EC and shall point out his or her rights as regards access, correction and deletion, as referred to in Article 7 of this Directive.
Amendment 63 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
The provisions on data protection set out in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters9 shall apply to personal data processed under this DirectiveDirective 95/46/EC shall apply to personal data processed under this Directive. The competent authorities of the other Member States shall not store the information sent by the Member State of the offence. That information shall be sent and used solely for the purposes of this Directive, and, upon conclusion of proceedings, all data must be verifiably deleted. The Member State of registration shall record only the date and the competent authority of the Member State of the offence to whom the information was sent.
Amendment 65 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Any person concerned shall have the right to obtain information on which personal data recorded in the State of registration were transmitted to the requesting Member State, including the date of the request and the competent authority of the Member State of the offence. Any person concerned shall have the right to obtain information on which data is recorded in the Member State of the offence.