EU: Data protection and EU institutions, bodies and agencies


Proposal for a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC [First reading] - Progress report (15861-17, 373 pages, pdf) Includes 4-column positions of the Commission, Council, European Parliament and "compromise":

"In these meetings, many issues were agreed upon, subject to the condition that nothing is agreed until everything is agreed. However, it proved not possible to reach an overall agreement on the Regulation by the end of this year, mainly due to the differing positions of the co-legislators regarding the scope of the draft instrument.

With this note, the Presidency informs delegations about the state of play in the negotiations between the Council and the European Parliament on the Regulation on data protection by Union institutions and bodies."

Scope

"The main differences between the positions of the Parliament and the Council are related to two areas:

- EU institutions and bodies in the area of police cooperation and judicial cooperation in criminal matters (further referred to as law enforcement area); and

- missions and operations of the Common Security and Defence Policy (CSDP).

The General approach of the Council explicitly excludes application of the provisions of the Regulation to the EU institutions and bodies carrying out activities which fall within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU where the acts establishing those bodies, offices or agencies provide for comprehensive rules relating to the protection of natural persons with regard to the processing of their data (Article 2(1a)). This exclusion mainly concerns the three existing agencies in the area of police cooperation and judicial cooperation in criminal matters – Eurojust, Europol and European Public Prosecutor´s Office (EPPO).

The European Parliament, however, insists on the inclusion of the agencies in the law enforcement area." (...)

 

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