Decision of the Management Board of Europol of 20 March 2007 on the control mechanisms for retrievals from the computerised system of collected information
Date: 2007-03-20
Institutions: Europol
Subjects: Europol, access to information, administrative check, data protection, disclosure of information, information system

C 72/30

EN

Official Journal of the European Union

29.3.2007

EUROPOL

DECISION OF THE MANAGEMENT BOARD OF EUROPOL

of 20 March 2007

on the control mechanisms for retrievals from the computerised system of collected information

(2007/C 72/14)

THE MANAGEMENT BOARD OF EUROPOL,

Having regard to the Convention based on Article K.3 of the
Treaty on European Union on the Establishment of a European
Police Office (1), as amended by the Council Act of 27
November 2003 drawing up, on the basis of Article 43(1) of
the Convention on the Establishment of a European Police
Office (Europol Convention), a Protocol amending that Conven-
tion (2) (hereinafter referred to as ‘the protocol’) and in particular
Article 16 thereof,

After consultation of the Joint Supervisory Body (3),

Whereas:

(1)

(2)

Article 1(8) of the protocol changes Article 16 of the
Europol Convention which stipulates that Europol shall
establish appropriate control mechanisms to allow the
verification of the legality of retrievals from the compu-
terised system of collected information referred to in
the Europol Convention, as
Articles 6 and 6a of
amended by the protocol,

Data which is supplied by Member States and third
parties for the inclusion in the analysis work files and the
information system and which is processed according to
Article 3 of
the Council Act of 3 November 1998
adopting Rules applicable to Europol Analysis Files (4)
and according to Article 6a of the Europol Convention,
as introduced by the protocol, shall equally be subject to
the control mechanism stipulated by the amended Article
16 of the Europol Convention,

HAS ADOPTED THE FOLLOWING DECISION:

Article 1

computerised system of collected information referred to in
Articles 6 and 6a of the Europol Convention it shall be possible
to ascertain the following information as a minimum:

(1) a unique reference number related to the retrieval or the

attempted retrieval

(2) which of the components of the computerised system of
collected information referred to in Articles 6 and 6a of the
Europol Convention was accessed or consulted,

(3) the identification of the user,

(4) the date and time of the retrieval or consultation, including

attempted retrievals,

(5) where applicable, the Analysis Work File or Files concerned,

(6) the identity of the person or persons concerning whom
data were queried or accessed and displayed or the identifi-
cation of the record retrieved.

Article 2

The information collected in accordance with Article 1 shall be
used by Europol officials authorised to ensure compliance with
Europol's rules on data protection as well as the supervisory
bodies referred to in Articles 23 and 24 of the Europol Conven-
tion only for the purpose of verifying the legality of retrievals
from the computerised system of collected information referred
to in Articles 6 and 6a of the Europol Convention.

Europol shall establish control mechanisms to ensure that for all
including attempted retrievals, of data from the
retrievals,

Article 3

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 2, 6.1.2004, p. 1.
(3) See opinion 06/40 of 19 October2006.
(4) OJ C 26, 30.1.1999, p. 1.

The information collected in accordance with Article 1 shall be
deleted after six months unless the data are further required for
ongoing control.

29.3.2007

EN

Official Journal of the European Union

C 72/31

Article 4

Article 6

Europol shall, when processing data under this decision, comply
with rules on data protection and data security, laid down in the
Europol Convention, in particular Articles 14(3) and 25, as well
as with rules adopted in the implementation thereof.

Article 5

The Management Board Decisions of 9 June 1999 on the
drawing up of reports for retrievals of personal data and of 28
February 2001 on the drawing up of reports for retrievals of
personal data in the Information System are herewith repealed.

The present Decision shall enter into force on 19 April 2007.

Done at The Hague on 20 March 2007

Hans-Jürgen FÖRSTER

Chairman of the Management Board