natgillin/translations-raw huggingface dataset:
в) съветва Комисията и държавите-членки по предложения за изменение на настоящото рамково решение, по допълнителни или специфични мерки за гарантиране правата и свободите на физическите лица по отношение на обработката на лични данни с цел предотвратяване, разследване, разкриване и наказателно преследване на престъпления и по всички други предложения за мерки, засягащи тези права и свободи.
(c) advise the Commission and the Member States on any proposed amendment to this Framework Decision, on any additional or specific measures to safeguard the rights and freedoms of natural persons with regard to the processing of personal data for the purpose of the prevention, investigation, detection and prosecution of criminal offences and on any ot her proposed measures affecting such rights and freedoms.
Ако работната група открие различия между законите и практиките на държавите-членки, които вероятно ще засегнат еквивалентното прилагане на защитата на лицата по отношение на обработката на лични данни в Европейския съюз, тя информира Съвета и Комисията.
If the Working Party finds differences between the laws and practices of Member States which are likely to affect the equivalence of protection for persons with regard to the processing of personal data in the European Union , it shall inform the Council and the Commission.
Работната група може по своя инициатива или по инициатива на Комисията или Съвета да отправи препоръки по всички въпроси, свързани със защитата на лицата по отношение на обработката на лични данни в Европейския съюз с цел предотвратяване, разследване, разкриване и наказателно преследване на престъпления.
The Working Party may, on its own initiative or that of the Commission or the Council, make recommendations on all matters relating to the protection of persons with regard to the processing of personal data in the European Union for the purpose of the prevention, investigation, detection and prosecution of criminal offences.
Становищата и препоръките на работната група се предават на Европейския парламент, Съвета и Комисията.
The Working Party’s opinions and recommendations shall be forwarded to the European Parliament, the Council and the Commission .
Въз основа на информацията, предоставена от държавите-членки, Комисията докладва на работната група относно действията, предприети в отговор на нейните становища и препоръки.
The Commission shall, on the basis of the information provided by the Member States, report to the Working Party on the action taken in response to its opinions and recommendations.
Докладът се оповестява публично и се предава също така на Европейския парламент и на Съвета.
That report shall be made public and shall also be forwarded to the European Parliament and the Council.
Държавите-членки информират работната група относно действията, предприети от тяхна страна съгласно параграф 1.
The Member States shall inform the Working Party of any action taken by them pursuant to p aragraph 1.
Работната група изготвя годишен доклад във връзка със защитата на физическите лица по отношение на обработката на лични данни с цел предотвратяване, разследване, разкриване и наказателно преследване на престъпления в Европейския съюз и в трети държави.
The Working Party shall draw up an annual report regarding the protection of natural persons with regard to the processing of personal data for the purpose of the prevention, investigation, detection and prosecution of criminal offences in the European Union and in third countries .
Докладът се оповестява публично и се предава на Европейския парламент, Съвета и Комисията.
The report shall be made public and shall be transmitted to the European Parliament, the Council and the Commission.
Член 27 а - параграф 1
Article 27 a - paragraph 1
Три години след изтичане на срока, постановен в член 28, параграф 1, държавите-членки докладват на Комисията относно националните мерки, предприети за пълно спазване на настоящото рамково решение, и в частност относно тези разпоредби, които вече са в сила при събирането на данни.
Three years after expiry of the period laid down in Article 28(1), Member States shall report to the Commission on the national measures they have taken to ensure full compliance with this Framework Decision, and particularly also with regard to those provisions that already have to be complied with when data is collected.
Комисията разглежда по-конкретно спазването на разпоредбата относно обхвата в член 1, параграф 2.
The Commission shall examine in particular the implications of the provision on scope in Article 1(2).
Комисията разглежда по-конкретно прилагането на член 1, параграф 2.
The Commission shall examine in particular the application of Article 1(2).
Член 27 а - параграф 2 а (нов)
Article 27 a - paragraph 2 a (new)
За тази цел Комисията взема под внимание изпратените забележки от парламентите и правителствата на държавите-членки, Европейския парламент, работната група по член 29, създадена с Директива 95/46/ЕО, Европейския надзорен орган по защита на данните и работната група по член 25а от настоящото рамково решение.
To this end, the Commission shall take into account the observations forwarded by the parliaments and governments of the Member States, the European Parliament, the Article 29 working party established by Directive 95/46/EC, the European Data Protection Supervisor and the W orking P arty established in Article 25a of this Framework Decision.
To that end, the Commission made in October 2005 a p roposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters.
To that end, the Commission made in October 2005 a 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.
The European Parliament adopted its first opinion on 14 June 2006, proposing a number of amendments to enhance the Commission proposal.
The European Parliament adopted its first opinion on 14 June 2006, proposing a number of amendments to enhance the Commission proposal.
In its legislative resolution adopted on 27 September 2006, Parliament called on the Council 'to consult Parliament again if it intends to amend the Commission proposal substantially '.
In its legislative resolution adopted on 27 September 2006, Parliament called on the Council 'to consult Parliament again if it intends to amend the Commission proposal substantially'.
Following this recommendation, the Council took the decision to reconsult the European Parliament based on a Council text of March 2007.
Following this recommendation, the Council took the decision to reconsult the European Parliament based on a Council text of March 2007.
The European Parliament adopted its opinion on the 7th of June 2007, in which, in addition to several proposals for amendments, it " Strongly regrets the lack of consensus in the Council on an extended scope for the Framework Decision, and calls on the Commission and the Council to propose the extension of its scope to data processed at national level after the assessment and revision of the Framework Decision and at the latest three years after its entry into force in order to ensure the coherence of data protection rules in the European Union ".
The European Parliament adopted its opinion on the 7th of June 2007, in which, in addition to several proposals for amendments, it " Strongly regrets the lack of consensus in the Council on an extended scope for the Framework Decision, and calls on the Commission and the Council to propose the extension of its scope to data processed at national level after the assessment and revision of the Framework Decision and at the latest three years after its entry into force in order to ensure the coherence of data protection rules in the European Union ".
The Council reached on 11th of December 2007 a political agreement on the proposed Framework Decision which is significantly different to both the original Commission proposal and the Council text on which the European Parliament was first reconsulted.
The Council reached on 11th of December 2007 a political agreement on the proposed Framework Decision which is significantly different to both the original Commission proposal and the Council text on which the European Parliament was first reconsulted.
The Council has thus decided to proceed with a second reconsultation of the European Parliament based on the text which gained the political agreement of the Member States.
The Council has thus decided to proceed with a second reconsultation of the European Parliament based on the text which gained the political agreement of the Member States.
Data Protection in the Treaty on the functioning of the European Union
Data Protection in the Treaty on the functioning of the European Union
In our previous report, we proposed that a possible solution to Member State's opposition to having a large scope for the Framework Decision which would cover data processed at national level, would be to hold a revision of the Framework decision in order to assess the extension of the scope.
In our previous report, we proposed that a possible solution to Member State's opposition to having a large scope for the Framework Decision which would cover data processed at national level, would be to hold a revision of the Framework decision in order to assess the extension of the scope.
We welcome the insertion of an evaluation clause by the Council and whereas 6a which foresees a possible extension of the scope.
We welcome the insertion of an evaluation clause by the Council and whereas 6a which foresees a possible extension of the scope.
However, article 16 of the Treaty on the functioning of the European Union will provide the European Union with a clear legal basis for specific rules on the protection of personal data in the fields of judicial and police cooperation.
However, article 16 of the Treaty on the functioning of the European Union will provide the European Union with a clear legal basis for specific rules on the protection of personal data in the fields of judicial and police cooperation.
Its is therefore necessary to hold a revision of the Framework Decision within six months following the date of entry into force of the Treaty of Lisbon and in particular with a view of extending its scope.
Its is therefore necessary to hold a revision of the Framework Decision within six months following the date of entry into force of the Treaty of Lisbon and in particular with a view of extending its scope.
Position of the rapporteure
Position of the rapporteu re
I welcome the Council decision to proceed with a second reconsultation of the European Parliament considering the significant impact this Framework Decision will have on the fundamental rights of EU citizens, in particular the protection of private life.
I welcome the Council decision to proceed with a second reconsultation of the European Parliament considering the significant impact this Framework Decision will have on the fundamental rights of EU citizens, in particular the protection of private life.
This gives credit to the Council, showing its continued willingness to engage with Members.
This gives credit to the Council, showing its continued willingness to engage with Members.
I am thus satisfied by the fact that the Council has partly adopted the compromise regarding the scope of the Framework Decision which we suggested in our last report.
I am thus satisfied by the fact that the Council has partly adopted the compromise regarding the scope of the Framework Decision which we suggested in our last report.
However, the European Parliament has always insisted in favour of a strong and protective Framework Decision which would allow a level of data protection at least equivalent to that insured in the first pillar by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108).
However, the European Parliament has always insisted in favour of a strong and protective Framework Decision which would allow a level of data protection at least equivalent to that insured in the first pillar by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108).
I therefore regret that the Council has emptied the original Commission proposal of its content and has reached political agreement on the lowest possible common denominator.
I therefore regret that the Council has emptied the original Commission proposal of its content and has reached political agreement on the lowest possible common denominator.
This is the price of the rule of unanimity in the Council.
This is the price of the rule of unanimity in the Council.
The level of data protection of this text is minimal and also leaves very serious gaps.
The level of data protection of this text is minimal and also leaves very serious gaps.
In some cases, one might even question whether it respects the standards set by the Convention 108 especially with regards to the principle of proportionality which is a fundamental principle of data protection.
In some cases, one might even question whether it respects the standards set by the Convention 108 especially with regards to the principle of proportionality which is a fundamental principle of data protection.
I therefore propose a series of significant amendments which aim at addressing the issues which have always been at the heart of the concern voiced by the European Parliament:
I therefore propose a series of significant amendments which aim at addressing the issues which have always been at the heart of the concern voiced by the European Parliament:
Insuring the principles of proportionality and purpose limitation:
Insuring the principles of proportionality and purpose limitation:
Article 3 sets the conditions for purpose limitation and proportionality.
Article 3 sets the conditions for purpose limitation and proportionality.
The collection of personal data must be fair and lawful as set out by article 9 of the Convention 108.
The collection of personal data must be fair and lawful as set out by article 9 of the Convention 108.
Further processing should be possible on a case by case basis in order to take into account the specific nature of police and judicial cooperation but only if it is compatible with the purposes for which the data was collected.
Further processing should be possible on a case by case basis in order to take into account the specific nature of police and judicial cooperation but only if it is compatible with the purposes for which the data was collected.
Article 12 (d) however allows for the data to be used for "any other purpose" which is too wide and does not allow for the full respect of purpose limitation.
Article 12 (d) however allows for the data to be used for "any other purpose" which is too wide and does not allow for the full respect of purpose limitation.
The rapporteur therefore suggests setting clear and substantive limitations to any further processing.
The rapporteur therefore suggests setting clear and substantive limitations to any further processing.
The consent of the transmitting Member State in itself cannot be considered as sufficient.
The consent of the transmitting Member State in itself cannot be considered as sufficient.
In addition, I repeat that I don't believe that real free and informed consent of the data subject is possible in the field of police and judicial cooperation, it should therefore not be the only criterion to measure the possibility of further processing.
In addition, I repeat that I don't believe that real free and informed consent of the data subject is possible in the field of police and judicial cooperation, it should therefore not be the only criterion to measure the possibility of further processing.
Sensitive Data
Sensitive Data
The processing of special categories of data should be the exception rather than the rule and should only be permissible in very strict and well defined cases provided by law.
The processing of special categories of data should be the exception rather than the rule and should only be permissible in very strict and well defined cases provided by law.
Transfer of Data to Third Countries
Transfer of Data to Third Countries
I am happy to see the reinsertion of Article 14(4) which provides for the assessment of the adequacy of the level of protection insured by the Third Country.
I am happy to see the reinsertion of Article 14(4) which provides for the assessment of the adequacy of the level of protection insured by the Third Country.
This was a priority for the European Parliament.
This was a priority for the European Parliament.
However, this clause can only be effective if the adequacy finding is made by an independent authority and not the Member State transferring the data.
However, this clause can only be effective if the adequacy finding is made by an independent authority and not the Member State transferring the data.
Transfer to private parties
Transfer to private parties
During negotiations on the Directive on the retention of data generated or processed in connection with the provision of publicly available electronic communications services, the European Parliament insisted that the issue of national authorities should have a possibility to access data stored by private parties.
During negotiations on the Directive on the retention of data generated or processed in connection with the provision of publicly available electronic communications services, the European Parliament insisted that the issue of national authorities should have a possibility to access data stored by private parties.
I therefore propose to reinsert this concept in conformity with our previous reports.
I therefore propose to reinsert this concept in conformity with our previous reports.
Right of access
Right of access
The data subject cannot fully exercise his rights to rectification or judicial remedies if he is not informed of the purposes for which the data concerning him are being processed.
The data subject cannot fully exercise his rights to rectification or judicial remedies if he is not informed of the purposes for which the data concerning him are being processed.
Working Party and national data protection authorities
Working Party and national data protection authorities
I am surprised that this important provision has been deleted by the Council at a very late stage in the discussions.
I am surprised that this important provision has been deleted by the Council at a very late stage in the discussions.
A forum of national and European supervisory authorities is needed to insure harmonised application of the Framework Decision.
A forum of national and European supervisory authorities is needed to insure harmonised application of the Framework Decision.
Such a group exists in the first pillar with the Article 29 Working Party and should also exist in the third pillar.
Such a group exists in the first pillar with the Article 29 Working Party and should also exist in the third pillar.
I therefore suggest to reinsert the article providing the creation of a Working Party and to define its tasks clearly.
I therefore suggest to reinsert the article providing the creation of a Working Party and to define its tasks clearly.
Furthermore, the role of national data protection authorities should be extended to being consulted with regard measures relating to the protection of personal data in police and judicial cooperation in the same way that Article 28(2) of Directive 95/46/EC provides for the first pillar.
Furthermore, the role of national data protection authorities should be extended to being consulted with regard measures relating to the protection of personal data in police and judicial cooperation in the same way that Article 28(2) of Directive 95/46/EC provides for the first pillar.
Alexander Alvaro, Catherine Boursier, Emine Bozkurt, Philip Bradbourn, Mihael Brejc, Giuseppe Castiglione, Giusto Catania, Carlos Coelho, Esther De Lange, Gérard Deprez, Agustín Díaz de Mera García Consuegra, Bárbara Dührkop Dührkop, Claudio Fava, Armando França, Urszula Gacek, Kinga Gál, Patrick Gaubert, Jeanine Hennis-Plasschaert, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Stavros Lambrinidis, Henrik Lax, Roselyne Lefrançois, Baroness Sarah Ludford, Viktória Mohácsi, Claude Moraes, Javier Moreno Sánchez, Martine Roure, Csaba Sógor, Vladimir Urutchev, Ioannis Varvitsiotis, Manfred Weber, Tatjana Ždanoka
Alexander Alvaro, Catherine Boursier, Emine Bozkurt, Philip Bradbourn, Mihael Brejc, Giuseppe Castiglione, Giusto Catania, Carlos Coelho, Esther De Lange, Gérard Deprez, Agustín Díaz de Mera García Consuegra, Bárbara Dührkop Dührkop, Claudio Fava, Armando França, Urszula Gacek, Kinga Gál, Patrick Gaubert, Jeanine Hennis-Plasschaert, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Stavros Lambrinidis, Henrik Lax, Roselyne Lefrançois, Baroness Sarah Ludford, Viktória Mohácsi, Claude Moraes, Javier Moreno Sánchez, Martine Roure, Csaba Sógor, Vladimir Urutchev, Ioannis Varvitsiotis, Manfred Weber, Tatjana Ždanoka
Edit Bauer, Simon Busuttil, Sophia in ‘t Veld, Sylvia-Yvonne Kaufmann, Antonio Masip Hidalgo, Bill Newton Dunn, Maria Grazia Pagano, Eva-Britt Svensson
Edit Bauer, Simon Busuttil, Sophia in ‘t Veld, Sylvia-Yvonne Kaufmann, Antonio Masip Hidalgo, Bill Newton Dunn, Maria Grazia Pagano, Eva-Britt Svensson
относно предложението за рамково решение на Съвета за изменение на Рамково решение 2002/475/ПВР относно борбата срещу тероризма
on the proposal for a Council Framework Decision amending Framework Decision 2002/475/JHA on combating terrorism
PE 400.537v02-00
PE 400.537v02-00
СТАНОВИЩЕ на комисията по правни въпроси .............................................22
OPINION of the Committee on Legal Affairs ......................................................20
– като взе предвид предложението на Комисията ( COM(2007)0650 ),
– having regard to the Commission proposal ( COM(2007)0650 )
– като взе предвид насоките на Съвета от 18 април 2008 г.
– having regard to the Council guideline of 18 April 2008
Вж. публичния регистър на Съвета: http://register.consilium.europa.eu/pdf/fr/08/st08/st08707.fr08.pdf ,
See the Council’s public register: http://register.consilium.europa.eu/pdf/fr/08/st08707.fr08.pdf ,
– като взе предвид член 29, член 31, параграф 1, буква д) и член 34, параграф 2, буква б) от Договора за ЕС,
– having regard to Article 29, Article 31(1)(e) and Article 34(2)(b) of the EU Treaty,
– като взе предвид член 39, параграф 1 от Договора за ЕС, съгласно който Съветът се е консултирал с него ( C6-0466/2007 ),
– having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament ( C6-0466/2007 ),
– като взе предвид доклада на комисията по граждански свободи, правосъдие и вътрешни работи и становището на комисията по правни въпроси ( A6-0323/2008 ),
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs ( A6‑0323/2008 ),
Предложение за рамково решение – акт за изменение
Proposal for a framework decision – amending act