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Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA article 26a CELEX: 02016R0794-20220628 Exchange of personal data with private parties in online crisis situations
1. In online crisis situations, Europol may receive personal data directly from private parties and process those personal data in accordance with Article 18. 2. Where Europol receives personal data from a private party established in a third country, Europol shall forward those data and the results of its analysis and verification of those data only to a Member State, or to a third country concerned as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a).
Europol may transfer the results of its analysis and verification of the data referred to in paragraph 1 of this Article to the third country concerned pursuant to Article 25(5) or (6). |
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA article 26a CELEX: 02016R0794-20220628 3. Europol may transmit or transfer personal data to private parties, on a case-by-case basis, subject to any restrictions indicated pursuant to Article 19(2) or (3) and without prejudice to Article 67, where the transmission or transfer of such data is strictly necessary for addressing online crisis situations and the fundamental rights and freedoms of the data subjects concerned do not override the public interest that requires those personal data be transmitted or transferred. 4. Where the private party concerned is not established within the Union or in a third country as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a), the transfer shall require authorisation by the Executive Director. 5. Europol shall assist, exchange information and cooperate with the competent authorities of the Member States with regard to the transmission or transfer of personal data to private parties under paragraph 3 or 4, in particular to avoid duplication of effort, enhance coordination and avoid interference with investigations in different Member States. |
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA article 26a CELEX: 02016R0794-20220628 6. Europol may request Member States, via their national units, to obtain, in accordance with their national law, personal data from private parties which are established or have a legal representative in their territory, for the purpose of sharing those data with Europol. Such requests shall be reasoned and as precise as possible. Such personal data shall be the least sensitive possible and strictly limited to what is necessary and proportionate for the purpose of enabling Europol to support Member States in addressing online crisis situations.
Notwithstanding the jurisdiction of Member States with regard to the dissemination of the content in relation to which Europol requests the personal data, Member States shall ensure that their competent authorities can process the requests referred to in the first subparagraph in accordance with their national law for the purpose of supplying Europol with the information necessary for it to achieve its objectives. |
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA article 26a CELEX: 02016R0794-20220628 7. Europol shall ensure that detailed records of all transfers of personal data and the grounds for such transfers are kept in accordance with this Regulation. Upon request of the EDPS, Europol shall make those records available to the EDPS pursuant to Article 39a. 8. If the personal data received or to be transferred affect the interests of a Member State, Europol shall immediately inform the national unit of the Member State concerned. |