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EU: DATA PROTECTION REGULATION: Council of the European Union: Consolidated version of the Council's negotiating position as at 5 June 2015
09 June 2015
See the full text:
Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (LIMITE doc no 9657-15, pdf) With 268 pages and still 646 Member States' positions:
"consolidated version of the General Data Protection Regulation as it stands after the meeting of Justice and Home Affairs Counsellors on 5 June 2015.
With a view to preparing a text for a General approach which obtains the required majority in Council on 15/16 June 2015, the Presidency prepared new compromise suggestions."
And: SCOPE:
Chapter I - Article 2(e) - scope of the General Data Protection Regulation and the Data Protection Directive (LIMITED doc no: 8745-REV- 3-15, pdf): A crucial issue seeking to limit access in the proposed Directive on the exchange of personal information between law enforcement agencies as it would affect the Regulation in matters of the maintenance of public order and national security:
"Following the discussion in the JHA Counsellors' meeting on 5 June the text in subject was amended taking into account comments of delegations....
The activities carried out by the police or other law enforcement authorities are mainly focused on the prevention, investigation, detection or prosecution of criminal offences, including police activities without prior knowledge if an incident is a criminal offence or not. This These can also includes the exercise of authority by taking coercive measures, such as police activities at demonstrations, and major sporting events and riots... aimed at preventing human behaviour which may lead to threats to fundamental interests of the society (…) protected by law and which may lead to a criminal offence...
AT proposed to add to the recital: Administrative tasks such as tasks with regard to the right of association and assembly, immigration and asylum or civil protection shall not be considered as activities falling under the prevention of threats of public security....
Since this Directive should not apply to the processing of personal data in the course of an activity which falls outside the scope of Union law, activities of agencies or units dealing with national security issues should not be considered as (…) activities falling under the scope of this Directive."