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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 30 CELEX: 02016R0794-20220628 Processing of special categories of personal data and of different categories of data subjects
1. Processing of personal data in respect of victims of a criminal offence, witnesses or other persons who can provide information concerning criminal offences, or in respect of persons under the age of 18, shall be allowed if it is strictly necessary and proportionate for preventing or combating crime that falls within Europol's 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 30 CELEX: 02016R0794-20220628 2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning health or concerning natural persons’ sex life or sexual orientation shall be allowed only where strictly necessary and proportionate for the purposes of research and innovation projects pursuant to Article 33a and for operational purposes, within Europol’s objectives, and only for preventing or combating crime that falls within Europol’s objectives. Such processing shall also be subject to appropriate safeguards laid down in this Regulation with regard to the rights and freedoms of the data subject, and, with the exception of biometric data processed for the purpose of uniquely identifying a natural person, shall be allowed only if those data supplement other personal data processed by Europol. ◄ The selection of a particular group of persons solely on the basis of such personal data shall be prohibited. |
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 30 CELEX: 02016R0794-20220628 2a. The Data Protection Officer shall be informed without undue delay in the case of processing of personal data pursuant to this Article. 3. Only Europol shall have direct access to personal data referred to in paragraphs 1 and 2. The Executive Director shall duly authorise a limited number of Europol staff to have such access if it is necessary for the performance of their tasks.
Notwithstanding the first subparagraph, where it is necessary to grant staff of the competent authorities of the Member States or Union agencies established on the basis of Title V of the TFEU direct access to personal data for the performance of their tasks, in the cases provided for in Article 20(1) and (2a) of this Regulation or for research and innovation projects in accordance with Article 33a(2), point (d), of this Regulation, the Executive Director shall duly authorise a limited number of such staff to have such access.
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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 30 CELEX: 02016R0794-20220628 5. Personal data as referred to in paragraphs 1 and 2 shall not be transmitted to Member States or Union bodies, or transferred to third countries or international organisations, unless such transmission or transfer is required under Union law or strictly necessary and proportionate in individual cases concerning crimes that fall within Europol’s objectives and in accordance with Chapter V. 6. Every year Europol shall provide to the EDPS a statistical overview of all personal data as referred to in paragraph 2 which it has processed. |