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Data protection in third pillar

29
Nov
2006
Opinions

Data protection in third pillar

Second 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 91, 26.04.2007, p. 9

The second opinion on the proposal for a framework decision for data protection in the third pillar was issued for two reasons. Firstly, a framework decision on the protection of personal data in the third pillar is extremely important to the EDPS. Secondly, there are serious fears that the negotiations in Council will result in essential safeguards to the citizens being deleted or substantially weakened. Therefore, the EDPS recommends that Council allows for more time for the negotiations in order to achieve a result.that offers sufficient protection.

The main concern is that the proposal in its current state will lead to an artificial division in data files - between national data and data originating from another Member State. Not only will this lead to burdensome, complex and costly handling, but it will also lead to difficulties for citizens in exercising their rights. A number of other concerns are raised, relating to the lack of special safeguards on sensitive data; possibilities to exchange data with non-law enforcement authorities; the non-requirement of 'adequate protection' guarantees when exchanging data with third countries, etc.

 

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Topics
Rights of the Individual
Judicial Cooperation
Police Cooperation