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PURPOSE: to
ensure a high level of protection of fundamental rights, and in particular
the right to privacy, with respect to the processing of personal data in the
framework of police and judicial cooperation in criminal matters. LEGISLATIVE
ACT: Council Framework Decision 2008/977/JHA on the protection of personal
data processed in the framework of police and judicial cooperation in
criminal matters. CONTENT: the
Council adopted a Framework Decision on the protection of personal data
processed in the framework of police and judicial cooperation in criminal
matters. The purpose of this act is to ensure a high level of protection for
the basic rights and freedoms, and in particular the privacy, of individuals,
while guaranteeing a high level of public safety when exchanging personal
data. The Framework
Decision sets out principles of lawfulness, proportionality and purpose.
It provides that personal data may be collected by the competent authorities
only for specified, explicit and legitimate purposes in the framework of
their tasks and may be processed only for the same purpose for which data
were collected. Processing of the data shall be lawful and adequate, relevant
and not excessive in relation to the purposes for which they are collected.
Further processing for another purpose is only permitted under specified
circumstances. The Framework
Decision defines, among other things: - the right of
access to data;
- the right to
rectification, erasure or blocking;
- the right to
compensation and the right to seek judicial remedies. It does not
preclude Member States from providing higher-level safeguards for
protecting personal data than those established in the framework
decision.
Transfer to
competent authorities in third States or to international bodies: the legislation provides that personal data transmitted or made
available by the competent authority of another Member State may be
transferred to third States or international bodies, only under certain
circumstances, inter alia, that the Member State from which the data were
obtained has given its consent to transfer in compliance with its national
law; and the third State or international body concerned ensures an adequate
level of protection for the intended data processing. National
supervisory authorities: each Member State must
provide that one or more public authorities are responsible for advising and
monitoring the application within its territory of the provisions adopted by
the Member States pursuant to this Framework Decision. These authorities
shall act with complete independence in exercising the functions entrusted to
them. Evaluation: Member States shall report to the Commission by 27/11/ 2013 on
the national measures they have taken to ensure full compliance with the
Framework Decision, and particularly with regard to those provisions that
already have to be complied with when data is collected. ENTRY INTO
FORCE: 20/01/2009. TRANSPOSITION:
27/11/2010. The Council shall, before 27/11/2011, assess the extent to which
Member States have complied with the provisions of this Framework Decision.
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