Joint investigation teams: alignment with Union rules on the protection of personal data

2021/0008(COD)

The European Parliament adopted by 669 votes to 22, with 6 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Framework Decision 2002/465/JHA as regards its alignment with EU rules on the protection of personal data.

The European Parliament adopted its position at first reading under the ordinary legislative procedure.

In the interests of consistency and effective protection of personal data, the proposed directive amends Framework Decision 2002/465/JHA on joint investigation teams to ensure that the processing of personal data under that Framework Decision complies with Directive (EU) 2016/680 on data protection in the field of law enforcement.

The amended text clarifies that personal data contained in information lawfully obtained by a joint investigation team may only be processed for purposes other than those for which the team was set up, such as subsequent criminal proceedings or related administrative or civil proceedings or parliamentary scrutiny, in accordance with the conditions laid down in Directive (EU) 2016/680.

Such processing of personal data should only be carried out in accordance with the conditions set out in Directive (EU) 2016/680, including that it be carried out in accordance with Union law or the law of the Member States and be necessary and proportionate to its purpose.

Member States should transpose the Directive at the latest one year after the date of entry into force of the amending Directive.