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Criminal assistance cases - OLAF

12
Oct
2007

Criminal assistance cases - OLAF

Opinion of 12 October 2007 on a notification for prior checking on criminal assistance cases (Case 2007-203)

The activities of OLAF in criminal assistance cases aim at facilitating and coordinating investigations carried out by the relevant national authorities in order to protect the Community's financial interests. In these cases, the competent authorities of a Member State, candidate country or third country carry out criminal investigations and request OLAF's assistance or OLAF offers its assistance. During these activities OLAF processes personal data of individuals.
 
When OLAF considers whether to open a criminal assistance case or not, it evaluates the initial information received to determine whether it relates to the protection of the EU's financial interest. This evaluation may involve the assessment of individual involvements. Once a criminal assistance case is open, the assistance provided by OLAF includes organising meetings, gathering and forwarding information and facilitating the execution of mutual (administrative and legal) assistance requests. 
 
After scrutinising the data processing activities in the light of the data protection requirements of Regulation 45/2001, the EDPS made a number of recommendations. Those concern, among others, the way to ensure respect for the data quality principle, the requirements for transfer of data, the right of access and rectification of the data subjects and the right to receive appropriate information about the processing operation.
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