Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-11-21-Speech-3-505-000"
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"en.20121121.30.3-505-000"2
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"Mr President, the Commission presented the reform proposal for the EU data protection regime in January for two reasons: first, to ensure a high level of data protection for individuals as provided for in the treaties and second, to offer European businesses a future-proof and technologically neutral data protection regime.
We must now make rapid progress to reach agreement on the package on the table. In Parliament the progress has been particularly noticeable in the different working documents and draft reports prepared by the rapporteurs. For the Commission, progress means that the regulation and the directive continue to be negotiated as a package. The freedom and security of our European citizens are two sides of the same coin. These are two policy objectives that should be reached with the adoption of the proposals to reform the European Union rules on data protection.
As regards the personal data processed in the context of police and judicial cooperation, we currently have a multitude of rules and different legal instruments. The entry into force of the Lisbon Treaty allows the establishment of a comprehensive data protection framework. We can ensure a high level of protection for individuals’ data whilst respecting the specific nature of the field of police and judicial cooperation in criminal matters. In particular, the revised EU data protection framework can now cover both cross-border and domestic processing of personal data. This would reduce differences between the legislation in Member States.
The status quo may not always facilitate the smooth exchange of information between Member States. The rules set by the pre-Lisbon Framework Decision that the proposed Directive aims to replace are limited to cross-border processing. In practice, police and law enforcement authorities may not have always distinguished between cross-border and domestic processing. It is not always feasible to draw this distinction in the daily work of a policeman or of a court. For instance, a single national database used in the law enforcement field may contain personal data that were both collected nationally and received from another Member State.
It would be inefficient to create two separate databases in such situations; it would also be inefficient to apply two different sets of data protection rules within a single database. The proposed directive aims to cover both domestic and cross-border processing. This has been a longstanding request from Parliament. The proposed directive also contains the same protection principles as those enshrined in the Regulation. This also echoes Parliament’s request to extend the application of the general data protection rules to the areas of police and judicial cooperation.
Key elements enshrined in the draft regulation are also introduced in the proposed directive, such as: data protection by design and by default; the appointment of data protection officers; the obligation to notify personal data breaches; and the extension of the powers of the Commission to adopt adequacy decisions for international transfers to third countries. These novelties emphasise the importance of robust protection rules in instruments allowing for data exchange. Let us never lose sight of the fact that the protection of personal data is a right enshrined in the Union’s Treaties and in the Charter of Fundamental Rights.
This is why the new data protection rules will have to be taken into account in sectoral instruments, in particular in the area of the former third pillar. Once a directive has entered into force the Commission, within three years, will have to review and possibly amend other acts adopted by the European Union which regulate the processing of personal data by law enforcement authorities."@en1
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