Council Implementing Decision (EU) 2015/2009 of 10 November 2015 on the launch of automated data exchange with regard to dactyloscopic data in Poland

What it is

to launch of automated data exchange with regard to dactyloscopic data (fingerprints) in Poland. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: according to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, the supply of personal data provided for under that Decision may not take place until the general provisions on data protection have been implemented in the national law of the territories of the Member States involved in such supply. Council Decision 2008/616/JHA provides that the verification that the above condition has been met with respect to automated data exchange in accordance with Decision 2008/615/JHA is to be done on the basis of: (i) an evaluation report based on a questionnaire, (ii) an evaluation visit and (iii) a pilot run. The Committee on Civil Liberties, Justice and Home Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Monika FLAŠÍKOVÁ BEŇOVÁ (S&D, SK) on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Poland. The proposed Council implementing Decision seeks to authorise Poland to receive and supply personal data pursuant to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime. The European Parliament adopted by 582 votes to 41, with 60 abstentions, in the framework of a special legislative procedure (Parliament’s consultation), a legislative resolution on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Poland. NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2015/2009 on the launch of automated data exchange with regard to dactyloscopic data in Poland. CONTENT: by this Implementing Decision and for the purposes of automated searching of dactyloscopic data , Poland is entitled to receive and supply personal data pursuant to Decision 2008/615/JHA as from 12 November 2015. The United Kingdom is not bound by this Decision nor is it subject to its application. To recall, according to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, the supply of personal data provided for under that Decision may not take place until the general provisions on data protection set out in Chapter 6 of that Decision have been implemented in the national law of the territories of the Member States involved in such supply. An overall evaluation report, summarising the results of a questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange, has been presented to the Council. On 13 July 2015, the Council concluded that Poland had fully implemented the general provisions on data protection set out in Chapter 6 of Decision 2008/615/JHA.

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