Handbook of European Criminal Procedure by Roberto E. Kostoris

Author:Roberto E. Kostoris
Language: eng
Format: epub, pdf
Publisher: Springer International Publishing, Cham

5.1.6.2 Forms and Methods for Personal Data Processing

Article 18 of Regulation 2016/794/EU provides that personal data can be processed only for the purpose of cross-checking aimed at identifying connections or other relevant links between information relating to suspected or convicted persons for a crime in respect of which Europol is competent (or persons who, based on factual indications or reasonable grounds, are believed that they will commit such criminal offences), carrying out strategic, thematic or operational analyses or facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations.

In particular, the processing of data for the purposes of operational analysis (Art. 18.3) will have to be performed by means of operational analysis projects that will have to point out the purpose of the processing, the categories of personal data that may be collected and the identification of the data subjects, the duration of storage of the data and the conditions for access and transfer of such data. The further processing of personal data will be allowed only to the extent it will be necessary and proportionate.

In addition, the Regulation points out (recital 24) that to improve Europol’s effectiveness in providing accurate crime analyses to the competent authorities of the Member States, it should use new technologies to process data: databases should be structured in such a way as to allow to choose the most efficient IT structure. Therefore, Europol should be able to act as a service provider, in particular by providing a secure network for the exchange of data, such as the secure information exchange network application (SIENA), meaning a new generation instrument aimed at allowing fast, safe and simplified communications and information exchanges and exchanges of operational and strategic intelligence concerning crimes between Europol, Member States and the third countries with which Europol concluded cooperation agreements.

Member States, other Union bodies, third countries and international organisations will have to determine the purpose or purposes for which Europol may process the data they provide and point out any applicable restriction to access and use. In this regard, it must be pointed out (recital 26) that ‘purpose limitation is a fundamental principle of personal data processing; in particular, it contributes to transparency, legal certainty and predictability and is particularly of high importance in the area of law enforcement cooperation, where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals’.

Specific rules have been fixed (Art. 20 Regulation 2016/794/EU) on the various levels of access by Member States and by Europol staff to the information stored by that Agency, without prejudice for the right to indicate any restriction—for the access or the use, in general or specific terms—by Member States, Union bodies, third countries and international organisations under Art. 19.2. In this regard, it is provided (a) that Member States shall have access to such information, and further process the same in

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