PURPOSE: to
amend the rules applicable to Europol analysis files.
LEGISLATIVE
ACT: Council Decision 2007/673/EC amending the Council Act adopting rules
applicable to Europol analysis files.
CONTENT: the
Council adopted a Decision amending the Council Act of 3 November 1998
adopting rules applicable to Europol analysis files. These rules should be amended
following amendments to the provisions of the Europol Convention in terms of the
opening of an analysis file and the collection, processing, utilisation and
deletion of personal data contained therein.
These rules
are amended as follows:
- after receipt
of ‘raw’ data, it shall be determined as soon as possible to what extent
the data shall be included in an analysis file;
- the issue of
whether an analysis file must be retained for a certain period of time
is defined by the participants in the analysis. On the basis of this
review, a decision shall be taken by the Director on the continuation or
closure of the file. The Director shall inform the Management Board of
his decision;
- personal
data may not be retained for a period longer than that mentioned in
Article 12(4) of the Europol Convention. Where, as a consequence of the
continuation of the analysis file, data concerning persons are stored in
a file for a period exceeding five years, the Joint Supervisory Body
shall be informed accordingly;
- analysis activities
and the dissemination of analysis results may begin immediately after
the analysis file has been opened;
- should the
Management Board instruct the Director of Europol to amend an opening
order or close the file, data which may not be included or used in the
file shall be deleted immediately;
- the
retrieval of data by participants of the analysis project shall only be
granted after they have been accredited by Europol.
ENTRY INTO
FORCE: 21 October 2007.