Decision 2009/936 - Implementing rules for Europol analysis work files - Main contents
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Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2009/936 |
| CELEX number i | 32009D0936 |
| Document | 30-11-2009 |
|---|---|
| Publication in Official Journal | 11-12-2009; OJ L 325, 11.12.2009,Special edition in Croatian: Chapter 19 Volume 008 |
| Effect | 01-01-2010; Entry into force See Art 21 |
| End of validity | 30-04-2017; Repealed and replaced by 32016R0794 |
| Transposition | 01-01-2013; At the latest |
11.12.2009 |
EN |
Official Journal of the European Union |
L 325/14 |
COUNCIL DECISION 2009/936/JHA
of 30 November 2009
adopting the implementing rules for Europol analysis work files
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (EUROPOL) (1) (the ‘Europol Decision’) and in particular Articles 14(1) and 59(1)(b) thereof,
Taking account of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, adopted by the Council of Europe on 28 January 1981,
Taking account of Recommendation No R(87)15 of the Committee of Ministers regulating the use of personal data in the police sector, adopted by the Council of Europe on 17 September 1987,
Having regard to the draft rules for Europol analysis work files submitted by the Management Board,
Having regard to the Opinion of the European Parliament,
Whereas it is for the Council, acting by qualified majority after consulting the European Parliament, to adopt implementing rules for analysis work files (hereinafter the ‘rules’),
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERAL PRINCIPLES
Article 1
Definitions
For the purposes of these rules:
(a) |
‘personal data’ means any information relating to an identified or identifiable natural person; an ‘identifiable person’ is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity; |
(b) |
‘analysis work file’ means a file opened for the purpose of analysis, as referred to in Article 14(1) of the Europol Decision; |
(c) |
‘analysis’ means the assembly, processing or use of data with the aim of assisting criminal investigations, in accordance with Article 14(2) of the Europol Decision; |
(d) |
‘participants in an analysis group’ means analysts and other Europol staff designated by the Director, as well as liaison officers and/or experts from the Member States supplying the information or concerned by the analysis within the meaning of Article 14(4) of the Europol Decision; |
(e) |
‘processing of personal data’ or ‘processing’ means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. |
Article 2
Scope
The rules laid down in this Decision shall apply to the processing of data for the purpose of analysis, as referred to in Article 14(1) of the Europol Decision.
Article 3
Data supplied for the purpose of analysis
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1.In accordance with Articles 8(2) and 14(3) of the Europol Decision, data supplied for the purpose of analysis shall be communicated either in a structured or unstructured form by national units or, depending on their degree of urgency, may be routed directly from the designated competent authorities to Europol, in order to be included in an analysis work file. The Member State supplying the data shall notify Europol of the purpose for which they are supplied and of any restriction on their use, deletion or destruction, including possible access restrictions in general or specific terms. That Member State may also inform Europol of any such restrictions at a later stage.
Europol shall ensure that third parties supplying such data notify Europol of the purpose for which they are supplied and of any restriction on their use.
After receipt of such data, it shall be determined as soon as possible to what extent they shall be included in a specific file.
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2.In accordance with...
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