Directive (EU) 2023/2123 amending Council Decision 2005/671/JHA as regards its alignment with Union rules on the protection of personal data

Summary:

Directive (EU) 2023/2123 - adopted by the co-legislators on 4 October 2023 - introducing amendments to Council Decision 2005/671/JHA as regards its alignment with existing rules on the protection of personal data.

Further information:

Council Decision 2005/671/JHA set out a procedure for the sharing of information on criminal investigations, prosecutions and convictions for terrorist offences among countries of the European Union (EU). This Directive seeks to align the existing framework with the principles and rules laid out in Directive (EU) 2016/680, also known as the Data Protection Law Enforcement Directive (LED). In accordance with a Communication published in June 2020, this alignment should address the processing of personal data and the categories of  exchanged personal data.

The LED entered into force in May 2016 and transposition into national law had to be fulfilled by May 2018. Its Article 62(6) required the European Commission to review other EU legal acts that regulate competent authorities’ personal data processing for law enforcement purposes. As Council Decision 2005/671/JHA was identified as one of the legal acts to be aligned, the Commission committed to put forward targeted amendments.

The draft law was adopted by the European Commission on 1 December 2021, as part of a legislative package focusing on the digitalisation of justice. The European Parliament's relevant committee adopted a negotiating position on 1 March 2023. The Council of the European Union agreed on its own general approach on 19 April. An informal agreement between the co-legislators on a compromise text for this file was reached on 31 May. This was formally endorsed by Parliament on 12 July and by the Council on 18 September. The Act was signed by the co-legislators on 4 October 2023 and published in the Official Journal on 11 October 2023.

• Primary Source

Official

EUR-LEX: COM(2021)767: Proposal for a Directive amending Council Decision 2005/671/JHA, as regards its alignment with Union rules on the protection of personal data https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:767:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Exchange of information and cooperation concerning terrorist offences: alignment with Union rules on the protection of personal data (2021/0399(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0399(COD)

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