Legal provisions of COM(2022)187 - Amendment of Regulation 2018/1727, as regards the collection, preservation and analysis of evidence relating to genocide, crimes against humanity and war crimes at Eurojust - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)187 - Amendment of Regulation 2018/1727, as regards the collection, preservation and analysis of evidence relating to genocide, ... |
|---|---|
| document | COM(2022)187  |
| date | April 25, 2022 |
Article 1 - Amendments to Regulation (EU) 2018/1727
(1) in Article 4(1), the following point (j) is added:
“(j) support Member States’ action in combating genocide, crimes against humanity, war crimes and related criminal offences, including by collecting, preserving and analysing evidence related to these criminal offences, as well as, where necessary and appropriate, enabling its exchange or otherwise making it directly available to the competent national and international judicial authorities, in particular the International Criminal Court”
(2) in Article 80, the following paragraph 8 is added:
“(8) By way of derogation from Article 23(6), Eurojust may process operational personal data for the performance of the tasks referred to in Article 4(1), point (j), in an automated data management and storage facility outside the case management system. The automated data management and storage facility shall comply with the highest standards of cyber security. The operation of the automated data management and storage facility shall be subject to prior consultation of the EDPS. The EDPS shall deliver his or her opinion within two months following the receipt of a notification from the Data Protection Officer.
The notification from the Data Protection Officer shall contain at least the following elements:
(a) a general description of the envisaged processing operations;
(b) an assessment of the risks to the rights and freedoms of data subjects;
(c) the measures envisaged to address those risks;
(d) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
The data protection provisions of this Regulation shall apply to the processing of data in the automated data management and storage facility as far as they do not directly relate to the technical set-up of the case management system in accordance with Article 23(1) of this Regulation. Access right and time limits for the data stored in the automated data management and storage facility shall be linked to the access to the temporary work files, in support of which the data is stored.
The derogation provided for in this paragraph shall end at the time when the new case management system is in place. The Commission shall determine the date at which the new case management system is in place by a decision that shall be published in the Official Journal of the European Union.”
(3) Annex II is amended as follows:
(a)point 1(n) is replaced by the following:
“(n) DNA profiles established from the non-coding part of DNA, photographs and fingerprints and, in relation to the criminal offences referred to in Article 4(1)(j), videos and audio recordings.”
(b)point 2(f) is replaced by the following:
“(f) the description and nature of the offences involving the person concerned, the date and location on which the offences were committed, the criminal category of the offences, and, in relation to the criminal offences referred to in Article 4(1)(j), information relating to criminal conduct, including audio recordings, videos, satellite images and photographs and to the progress of the investigations;”
Article 2 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.