Council Implementing Decision (EU) 2018/1035 of 16 July 2018 on the launch of automated data exchange with regard to DNA data in Croatia

What it is

the launch of an automated data exchange with regard to DNA in Croatia. 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 set out in that Decision have been implemented in the national law of the territories of the Member States involved in such supply. Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA provides that the verification that the condition has been met with respect to automated data exchange is to be done on the basis of an evaluation report based on: (i) a questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges; (ii) an evaluation visit and (iii) a pilot run. The Committee on Civil Liberties, Justice and Home Affairs adopted, following the consultation procedure, the report by Jaromír ŠTĚTINA (EPP, CZ) on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Croatia. The committee recommended that the European Parliament approve the Council draft without amendments. The purpose of the draft Council implementing Decision is, for the purposes of automated searching and comparison of DNA data, to entitle Croatia to receive and supply personal data in accordance with Decision 2008/615/JHA as from the date of entry into force of the Decision. The European Parliament adopted, by 547 votes to 73, with 17 abstentions, following the consultation procedure, a legislative resolution on the draft Council implementing decision on the launching of automated data exchange as regards DNA data in Croatia. The European Parliament approved the Council draft without amendments. PURPOSE: to entitle Croatia to receive and supply personal data in respect of DNA data. NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2018/1035 of 16 July 2018 on the launch of automated data exchange with regard to DNA data in Croatia. CONTENT: this Council Implementing Decision entitles Croatia to receive and supply personal data in accordance with Decision 2008/615/JHA for the purpose of automated consultation and comparison of DNA data , as from 24 July 2018. As a reminder, Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, in particular in combating terrorism and cross-border crime, provides that the supply of personal data may only take place if the Member States concerned by such supply have implemented in national law the general data protection provisions set out in that Decision. A general evaluation report, including a summary of the results of the data protection questionnaire sent to Croatia, the evaluation visit to Croatia and the pilot test on DNA data exchange, was presented to the Council. On 8 March 2018, the Council concluded that Croatia had fully implemented the general data protection provisions set out…

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