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Data protection in third pillar

27
Apr
2007
Opinions

Data protection in third pillar

Third opinion on the proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters, OJ C 139, 23.06.2007, p. 1.

On 20 April the German Presidency consulted the European Parliament on a revised proposal for a Framework Decision on data protection in the third pillar. The EDPS considered that the substantive changes contained in the revised proposal, as well as its importance, called for a new opinion, issued on 27 April.

In this third opinion, the EDPS, while welcoming the efforts of the German presidency to give new impetus to the negotiations in the Council, takes a critical position on the revised proposal. Indeed, according to the EDPS, it falls short of providing the appropriate high level of protection of personal data required by EU law, in certain aspects does not respect the international obligations of the Member States stemming from Council of Europe Convention 108, and has an impact on efficiency in police and judicial cooperation. Therefore, the EDPS recommends a series of improvements, in particular with regard to the applicability of the proposal to national processing of data, the necessary distinctions in the accuracy of the data as well as in the different categories of the data subjects involved, and the conditions for exchanges of data with third countries and non law enforcement authorities.

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