natgillin/translations-raw huggingface dataset:
Въпреки параграфи 1 и 2, личните данни, предоставени по член 7, параграфи 1, 2 и 4, могат да бъдат използвани от държавата-членка, отправяща запитването, ако това използване е необходимо и пропорционално с цел предотвратяване на непосредствена и сериозна заплаха за държавната сигурност; в този случай, държавата-членка, отправила запитването, предоставя на държавата-членка, към която е отправено запитването, последващо (ex post) уведомление относно изпълнението на условията за необходимост, пропорционалност, неотложност и сериозност на заплахата.
Notwithstanding paragraphs 1 and 2, personal data provided under Article 7(1), (2) and (4) may be used by the requesting Member State if such use is necessary and proportionate for the purpose of preventing an immediate and serious threat to public security; in such a case, the requesting Member State shall provide the requested Member State with an ex post notification setting out the fulfilment of the conditions of necessity, proportionality, urgency and seriousness of the threat .
Member States shall take the necessary measures to ensure that personal data transmitted to a third county under Article 7(3) are subject to the same usage restrictions as those applicable in Member States under Article 7(1), (2) and (3).
Member States shall take the necessary measures to ensure that personal data transmitted to a third county under Article 7(3) are subject to the same usage restrictions as those applicable in Member States under Article 7(1), (2) and (3).
В допълнение, държавите-членки предприемат необходимите мерки, за да гарантират, че личните данни, предадени на трета страна съгласно член 7, параграф 3 подлежат на същите ограничения за ползване като приложимите в държавите-членки съгласно член 7, параграфи 1, 2 и 3.
In addition, Member States shall take the necessary measures to ensure that personal data transmitted to a third country under Article 7(3) are subject to the same usage restrictions as those applicable in Member States under Article 7(1), (2) and (3).
This article does not apply to personal data obtained by a Member State under this Framework Decision and originating from that Member State.
This article does not apply to personal data obtained by a Member State under this Framework Decision and originating from that Member State.
Параграфи 1 до 4 не се прилагат за личните данни, получени от държава-членка съгласно настоящото Рамково решение и с произход от въпросната държава-членка.
Paragraphs 1 to 4 shall not apply to personal data obtained by a Member State under this Framework Decision and originating from that Member State.
Член 9, параграф 5 a (нов)
Article 9, paragraph 5 a (new)
Всяка държава-членка следва да осигури систематичното информиране на националните органи за защита на данните за обмена на лични данни съгласно настоящото Рамково решение и по-специално за използването на лични данни при обстоятелствата, споменати в член 9, параграф 3.
Each Member State shall ensure that national data protection authorities are systematically informed of the exchange of personal data under this Framework Decision and, in particular, of the use of personal data in the circumstances referred to in Article 9(3).
Органите за защита на данните на държавите-членки наблюдават и контролират обмена, споменат в параграф 1и си сътрудничат за тази цел.
The data protection authorities of the Member States shall monitor the exchange referred to in paragraph 1 and cooperate with one another for that purpose.
Член 9 a (нов)
Article 9 a (new)
Член 9a
Article 9a
Права на субекта на данни
Rights of the data subject
Субектът на данните следва да бъде информиран за факта, че се обработват лични данни, отнасящи се до него.
A data subject shall be informed of the fact that personal data concerning him or her are being processed.
При необходимост предоставянето на тази информация се забавя, за да не се възпрепятстват целите, за които се обработват данните.
The provision of that information shall be delayed when necessary in order not to hamper the purposes for which the data are being processed.
Субектът на данните има право да получи без прекомерно забавяне информацията, предмет на обработваните данни, на език, който разбира, както и да поправи и, по целесъобразност, да заличи данни, чиято обработка е в нарушение на залегналите в член 9, параграф -1 принципи.
A data subject shall have the right to obtain without undue delay the information as to which data are being processed in a language which he or she understands, as well as to rectify and, when appropriate, erase data processed in breach of the principles referred to in Article 9( -1).
Информацията, спомената в параграф 1, може да бъде отказана или забавена, ако това е абсолютно необходимо:
The information referred to in paragraph 1 may be refused or delayed if strictly necessary:
а) за да се защити сигурността и обществения ред;
(a) to protect security and public order;
б) за да се предотврати престъпление;
(b) to prevent a crime;
в) за да не се възпрепятства разследването и наказателното преследване на криминални престъпления;
(c) not to hamper the investigation and prosecution of criminal offences;
г)за да се защитят правата и гаранциите на трети страни.
(d) to protect the rights and guarantees of third parties.
Член 11, параграф 2, буква a)
Article 11, paragraph 2, point (a)
a) information on the convicted person (surname, first name, date of birth, place of birth, pseudonym or alias if applicable, gender, nationality, legal form and registered office for legal persons)
a) information on the convicted person (surname, first name, date of birth, place of birth, pseudonym or alias if applicable, gender, nationality, legal form and registered office for legal persons)
а) информация относно осъденото лице (фамилно и собствено име, предишно име, дата на раждане, месторождение , псевдоними или прозвища, по целесъобразност, пол, гражданство, правна форма и седалище - за юридическите лица)
a) information on the convicted person (surname, first name, former name, date of birth, place and country of birth, pseudonym or alias if applicable, gender, nationality, legal form and registered office for legal persons)
Previous names should be included in view of the numerous cases of changes of name or identity.
Previous names should be included in view of the numerous cases of changes of name or identity.
Член 11, параграф 2, буква б)
Article 11, paragraph 2, point (b)
b) information on the nature of the conviction (date and place, name and type of convicting authority)
b) information on the nature of the conviction (date and place, name and type of convicting authority)
б) информация относно характера на присъдата (дата и място, регистрационен номер, ако е известен, и наименование и естество на органа, издал присъдата)
b) information on the nature of the conviction (date and place , reference number where known, and name and type of convicting authority)
Identification will be facilitated by including the number of the legal decision where known.
Identification will be facilitated by including the number of the legal decision where known.
c) information on the facts giving rise to the conviction (date , place, type, legal status, applicable criminal law)
c) information on the facts giving rise to the conviction (date , place, type, legal status, applicable criminal law)
в) информация относно фактическите данни, основание за присъдата (дата, естество, правен статут, приложимо наказателно законодателство)
c) information on the facts giving rise to the conviction (date, type, legal status, applicable criminal law)
The place where the crime was committed is not of importance with regard to the effects which the sentence may have on other criminal proceedings.
The place where the crime was committed is not of importance with regard to the effects which the sentence may have on other criminal proceedings.
Some Member States do not include the place of commission in the data entered in criminal records.
Some Member States do not include the place of commission in the data entered in criminal records.
Член 11, параграф 6
Article 11, paragraph 6
The technical alterations referred to in paragraph 5 shall be carried out within three years from the date the format and the ways in which information on convictions may be exchanged electronically are adopted.
The technical alterations referred to in paragraph 5 shall be carried out within three years from the date the format and the ways in which information on convictions may be exchanged electronically are adopted.
Посочените в параграф 5 технически промени се извършват в срок от една година от датата на приемане на формата и начините за електронен обмен на информация относно присъдите.
The technical alterations referred to in paragraph 5 shall be carried out within one year from the date the format and the ways in which information on convictions may be exchanged electronically are adopted.
Член 14, параграф 5
Article 14, paragraph 5
This Framework Decision has no impact on the application of more favourable provisions included in bilateral or multilateral agreements concluded between Member States.
This Framework Decision has no impact on the application of more favourable provisions included in bilateral or multilateral agreements concluded between Member States.
Настоящето Рамково решение не възпрепятства прилагането на по-благоприятни разпоредби, съдържащи се в двустранни или многостранни споразумения или конвенции, сключени между държавите-членки.
This Framework Decision has no impact on the application of more favourable provisions included in bilateral or multilateral agreements or conventions concluded between Member States.
Consistency with Amendment 17.
Consistency with Amendment 17.
Information concerning the different types of convictions, arrests, search and arrest warrants, criminal records, or other significant evidence of a criminal background is entered and kept in the register of criminal records in line with the national law of each Member State.
Information concerning the different types of convictions, arrests, search and arrest warrants, criminal records, or other significant evidence of a criminal background is entered and kept in the register of criminal records in line with the national law of each Member State.
The main objective of criminal records is to provide a full history of all individual criminal backgrounds which can be used for a number of purposes, including identification of suspects, aiding criminal investigations under way, determining how strictly to apply a sentence in a criminal trial, and clarifying and evaluating a person's honesty and suitability.
The main objective of criminal records is to provide a full history of all individual criminal backgrounds which can be used for a number of purposes, including identification of suspects, aiding criminal investigations under way, determining how strictly to apply a sentence in a criminal trial, and clarifying and evaluating a person's honesty and suitability.
The existence of such registers reflects the need to enter and keep information on convictions of citizens or residents of a country.
The existence of such registers reflects the need to enter and keep information on convictions of citizens or residents of a country.
The principle that it is for each Member State to centralise the information on convictions of its own nationals has been retained unchanged (the principle of nationality).
The principle that it is for each Member State to centralise the information on convictions of its own nationals has been retained unchanged (the principle of nationality).
However, thanks to the impact of frequent border crossings in the EU, it is more and more common for people to receive criminal convictions outside their country of nationality.
However, thanks to the impact of frequent border crossings in the EU, it is more and more common for people to receive criminal convictions outside their country of nationality.
The key issue is therefore what to do with the information on convictions of persons who are neither nationals nor residents of the Member State in which they are nevertheless convicted: how to register these convictions, and whom to forward them to and how.
The key issue is therefore what to do with the information on convictions of persons who are neither nationals nor residents of the Member State in which they are nevertheless convicted: how to register these convictions, and whom to forward them to and how.
As things stand, there are no common EU criteria concerning convictions of non-nationals (since we are dealing with a purely national competence).
As things stand, there are no common EU criteria concerning convictions of non-nationals (since we are dealing with a purely national competence).
On the one hand, some Member States do not include foreign convictions of their own citizens in their register of criminal records; on the other, those which do employ varying criteria when entering such data.
On the one hand, some Member States do not include foreign convictions of their own citizens in their register of criminal records; on the other, those which do employ varying criteria when entering such data.
The nature of the information registered regarding criminal records thus differs from one Member State to another.
The nature of the information registered regarding criminal records thus differs from one Member State to another.
Apart from different kinds of information being registered, the existing system for exchange of information between Member States is unsatisfactory and does not lead to efficient or correct crossborder use.
Apart from different kinds of information being registered, the existing system for exchange of information between Member States is unsatisfactory and does not lead to efficient or correct crossborder use.
Allowing for the need for full respect of the diversity of the Member States' legal systems, the independence of the judiciary and all the existing European mechanisms, it is now important, as a matter of urgency, to consolidate the European area of justice in order to guarantee the fundamental rights and freedoms of all EU citizens, while reinforcing mutual trust and the rule of law throughout the Union.
Allowing for the need for full respect of the diversity of the Member States' legal systems, the independence of the judiciary and all the existing European mechanisms, it is now important, as a matter of urgency, to consolidate the European area of justice in order to guarantee the fundamental rights and freedoms of all EU citizens, while reinforcing mutual trust and the rule of law throughout the Union.
In this connection, it is essential to step up judicial cooperation, and here the exchange of information is one of the crucial issues.
In this connection, it is essential to step up judicial cooperation, and here the exchange of information is one of the crucial issues.
The objective of the present proposal is to improve communication and ensure that there is a correct, complete and exhaustive response to requests for information on criminal records between Member States.
The objective of the present proposal is to improve communication and ensure that there is a correct, complete and exhaustive response to requests for information on criminal records between Member States.
With this in mind, further progress is needed in order to establish European mechanisms for the exchange of information in a standard, computerised and easily translatable form, using automated procedures and on the basis of a 'standard European format'.
With this in mind, further progress is needed in order to establish European mechanisms for the exchange of information in a standard, computerised and easily translatable form, using automated procedures and on the basis of a 'standard European format'.
The existing legal framework
The existing legal framework
At present, information on convictions circulates between Member States under the mechanisms of the European Convention on Mutual Assistance in Criminal Matters of 1959 (Council of Europe Convention; hereinafter 'the 1959 Convention'), and, specifically, its Articles 13 and 22 and Article 4 of the additional protocol of 17 March 1978.
At present, information on convictions circulates between Member States under the mechanisms of the European Convention on Mutual Assistance in Criminal Matters of 1959 (Council of Europe Convention; hereinafter 'the 1959 Convention'), and, specifically, its Articles 13 and 22 and Article 4 of the additional protocol of 17 March 1978.
These provisions regulate:
These provisions regulate:
- the conditions governing the forwarding of extracts from criminal records between the parties to the Convention (Article 13); and
- the conditions governing the forwarding of extracts from criminal records between the parties to the Convention (Article 13); and
- the obligation to transmit, on a reciprocal and automatic basis and once a year, details of convictions affecting nationals of other contracting member states (Article 22).
- the obligation to transmit, on a reciprocal and automatic basis and once a year, details of convictions affecting nationals of other contracting member states (Article 22).
However, the mechanism based on the 1959 Convention is not satisfactory.
However, the mechanism based on the 1959 Convention is not satisfactory.
The automatic forwarding of information on convictions of nationals of a contracting member state (Article 22) is sometimes inadequate and may even be completely non-existent.
The automatic forwarding of information on convictions of nationals of a contracting member state (Article 22) is sometimes inadequate and may even be completely non-existent.
To obtain information following a request for mutual assistance under Article 13, it is necessary to follow a procedure that is so complicated that in most cases the judicial authorities simply do not ask for any information.
To obtain information following a request for mutual assistance under Article 13, it is necessary to follow a procedure that is so complicated that in most cases the judicial authorities simply do not ask for any information.
This means that nationals of other member states are often sentenced taking account of their criminal record in the country where the trial takes place, but not of their convictions in other Member States, and, in particular, that of which they are nationals or residents.
This means that nationals of other member states are often sentenced taking account of their criminal record in the country where the trial takes place, but not of their convictions in other Member States, and, in particular, that of which they are nationals or residents.
On 13 October 2004 the Commission adopted an initial proposal for a framework decision on the exchange of information extracted from criminal records, with a view to the short-term improvement of the mechanisms of the 1959 Convention.
On 13 October 2004 the Commission adopted an initial proposal for a framework decision on the exchange of information extracted from criminal records, with a view to the short-term improvement of the mechanisms of the 1959 Convention.
However, this proposal does not substantially alter those mechanisms, and takes only a partial step towards remedying their dysfunctions.
However, this proposal does not substantially alter those mechanisms, and takes only a partial step towards remedying their dysfunctions.
The present proposal is aimed at a major reform of those mechanisms, so as to ensure that the Member State of nationality can give a swift, correct, complete and exhaustive reply to the requests for information it receives.
The present proposal is aimed at a major reform of those mechanisms, so as to ensure that the Member State of nationality can give a swift, correct, complete and exhaustive reply to the requests for information it receives.
Account should also be taken of the Council framework decision on the taking into account of convictions in the Member States of the EU in the course of new criminal proceedings.
Account should also be taken of the Council framework decision on the taking into account of convictions in the Member States of the EU in the course of new criminal proceedings.
At the JHA Council meeting of 4 and 5 December 2006 a general agreement was reached on the application of that decision; nonetheless, it can only be effective if there are mechanisms to facilitate the exchange of information on criminal records.
At the JHA Council meeting of 4 and 5 December 2006 a general agreement was reached on the application of that decision; nonetheless, it can only be effective if there are mechanisms to facilitate the exchange of information on criminal records.
Automatic transmission of information on convictions
Automatic transmission of information on convictions
The proposal obliges Member States to exchange information regularly, and either immediately or as soon as possible (not just once a year), on convictions and on other subsequent changes entailing the modification or deletion of information contained in the registers of criminal records.
The proposal obliges Member States to exchange information regularly, and either immediately or as soon as possible (not just once a year), on convictions and on other subsequent changes entailing the modification or deletion of information contained in the registers of criminal records.
In addition, the Member State of nationality is obliged to keep and update the information transmitted (all registers must contain the same information on a given individual and a given conviction).
In addition, the Member State of nationality is obliged to keep and update the information transmitted (all registers must contain the same information on a given individual and a given conviction).
These rules must not, however, be used in such a way that someone receives less favourable treatment than had he been sentenced by a court in his own Member State.
These rules must not, however, be used in such a way that someone receives less favourable treatment than had he been sentenced by a court in his own Member State.
For example, where the national rules on the keeping of criminal records have dictated the deletion of a national conviction, the Member State of the person's nationality can no longer use that information in national proceedings; it may, however, still transmit it to another Member State asking for it.
For example, where the national rules on the keeping of criminal records have dictated the deletion of a national conviction, the Member State of the person's nationality can no longer use that information in national proceedings; it may, however, still transmit it to another Member State asking for it.
In order to ensure the effective and correct functioning of the exchange, the information on convictions should include the nationality of the person convicted and the time-period for which the record should remain in the register of the convicting Member State.
In order to ensure the effective and correct functioning of the exchange, the information on convictions should include the nationality of the person convicted and the time-period for which the record should remain in the register of the convicting Member State.
Exchange of information following a request
Exchange of information following a request
Information on criminal records may be requested by the central authority of a Member State, by an individual in relation to his own criminal background (through a central authority of a Member State), or by a third country (under Article 13 of the 1959 Convention).
Information on criminal records may be requested by the central authority of a Member State, by an individual in relation to his own criminal background (through a central authority of a Member State), or by a third country (under Article 13 of the 1959 Convention).
In order to facilitate the exchange, all requests submitted by a central authority must follow a 'standard European format' (third countries are exempted).
In order to facilitate the exchange, all requests submitted by a central authority must follow a 'standard European format' (third countries are exempted).