Directive 2022/211 - Amendment of Council Framework Decision 2002/465/JHA, as regards its alignment with Union rules on the protection of personal data - Main contents
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official title
Directive (EU) 2022/211 of the European Parliament and of the Council of 16 February 2022 amending Council Framework Decision 2002/465/JHA, as regards its alignment with Union rules on the protection of personal data| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2022/211 |
| Original proposal | COM(2021)20  |
| CELEX number i | 32022L0211 |
| Document | 16-02-2022; Date of signature |
|---|---|
| Publication in Official Journal | 18-02-2022; OJ L 37 p. 1-3 |
| Signature | 16-02-2022 |
| Effect | 10-03-2022; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 11-03-2023; See Art 2.1 |
18.2.2022 |
EN |
Official Journal of the European Union |
L 37/1 |
DIRECTIVE (EU) 2022/211 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 February 2022
amending Council Framework Decision 2002/465/JHA, as regards its alignment with Union rules on the protection of personal data
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF TDHE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Pursuant to Article 62(6) of Directive (EU) 2016/680 of the European Parliament and of the Council (2), the Commission is to review legal acts adopted by the Union, other than that Directive, which regulate the processing of personal data by the competent authorities for the purposes set out in Article 1(1) of that Directive. The purpose of that review is to assess the need to align those legal acts with that Directive and to make, where appropriate, the necessary proposals to amend them in order to ensure a consistent approach to the protection of personal data within the scope of that Directive. That review has led to the identification of Council Framework Decision 2002/465/JHA (3) as one of the legal acts to be amended. |
(2) |
The processing of personal data under Framework Decision 2002/465/JHA involves the processing, exchange and subsequent use of relevant information for the purposes set out in Article 82 of the Treaty on the Functioning of the European Union (TFEU). In the interests of consistency and the effective protection of personal data, the processing of personal data under Framework Decision 2002/465/JHA should comply with Directive (EU) 2016/680. It should be possible for personal data contained in information lawfully obtained by a joint investigation team to be processed for purposes other than those for which the team was set up, such as subsequent criminal or related administrative or civil procedures or parliamentary scrutiny, only 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 laid down in Directive (EU) 2016/680, including that it be carried out in accordance with Union or Member State law and be necessary and proportionate to its purpose. |
(3) |
In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the TFEU, Ireland is bound by Framework Decision 2002/465/JHA and is therefore taking part in the adoption of this Directive. |
(4) |
In accordance with Articles 1, 2 and 2a of Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application. |
(5) |
The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (4) and delivered an opinion on 10 March 2021. |
(6) |
Framework Decision 2002/465/JHA should therefore be amended accordingly, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Amendment to Framework Decision 2002/465/JHA
In Article 1(10) of Framework Decision 2002/465/JHA, the following subparagraph is added:
‘Insofar as the information used for purposes referred to in the first subparagraph, points (b), (c) and (d) includes personal data, it shall only be processed in accordance with Directive (EU) 2016/680 of the European Parliament and of the Council (*), and in particular...
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