The European Parliament adopted by 669 votes to 22, with 6 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Framework Decision 2002/465/JHA as regards its alignment with EU rules on the protection of personal data.

The European Parliament adopted its position at first reading under the ordinary legislative procedure.

In the interests of consistency and effective protection of personal data, the proposed directive amends Framework Decision 2002/465/JHA on joint investigation teams to ensure that the processing of personal data under that Framework Decision complies with Directive (EU) 2016/680 on data protection in the field of law enforcement.

The amended text clarifies that personal data contained in information lawfully obtained by a joint investigation team may only be processed for purposes other than those for which the team was set up, such as subsequent criminal proceedings or related administrative or civil proceedings or parliamentary scrutiny, in accordance with the conditions laid down in Directive (EU) 2016/680.

Such processing of personal data should only be carried out in accordance with the conditions set out in Directive (EU) 2016/680, including that it be carried out in accordance with Union law or the law of the Member States and be necessary and proportionate to its purpose.

Member States should transpose the Directive at the latest one year after the date of entry into force of the amending Directive.

The European Parliament decided, by 638 votes to 29 with 21 abstentions, to refer the matter back to the committee responsible for inter-institutional negotiations on the basis of the unamended proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2002/465/JHA as regards its alignment with EU rules on the protection of personal data.

The Committee on Civil Liberties, Justice and Home Affairs adopted a report by Jeroen LENAERS (EPP, NL) on the proposal for a directive of the European Parliament and of the Council amending Council Framework Decision 2002/465/JHA, as regards its alignment with EU rules on the protection of personal data.

The committee responsible recommended that European Parliament adopt its position at first reading, taking over the Commission proposal.

As a reminder, in the interests of consistency and effective protection of personal data, the proposal for a directive seeks to amend the Framework Decision 2002/465/JHA on joint investigation teams by aligning the cases of use of personal data collected by joint investigation teams with the purpose limitation principle as regulated by Directive (EU) 2016/680 (Data Protection Directive in the field of law enforcement).

PURPOSE: to align the data protection rules in Decision 2002/465/JHA with the principles and rules of the Data Protection Law Enforcement Directive in order to establish a strong and coherent data protection framework in the EU.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive (EU) 2016/680 (data protection law enforcement Directive) required the Commission to review, by 6 May 2019 at the latest, other legal acts adopted by the EU which regulate the processing of personal data by competent authorities for law enforcement purposes, in order to assess the need to bring them into line with the Directive and to make, if appropriate, the necessary proposals to amend those acts to ensure a consistent approach to the protection of personal data under the Directive.

The Commission set out the results of its review in a Communication of 24 June 2020 which identifies ten legal acts that should be aligned with the Directive and sets out a timetable for doing so. The list includes Council Framework Decision 2002/465/JHA on joint investigation teams.

The Commission has indicated that it will present targeted amendments to this Decision in the last quarter of 2020; this is the purpose of this proposal.

CONTENT: in the interests of consistency and effective protection of personal data, the Commission proposes that the processing of personal data carried out under Framework Decision 2002/465/JHA should comply with the rules set out in Directive (EU) 2016/680.

In particular, the proposal for a Directive amends the Framework Decision by aligning the cases of use of personal data collected by joint investigation teams with the purpose limitation principle as regulated by the Data Protection Directive in the field of law enforcement.