Regulation (EU) 2024/868 amending Council Decision 2009/917/JHA as regards its alignment with Union rules on the protection of personal data

Summary:

Regulation (EU) 2024/868 - adopted by the co-legislators on 13 March 2024 - introducing amendments to Council Decision 2009/917/JHA as regards its alignment with EU rules on the protection of personal data.

Further information:

Directive (EU) 2016/680 - also known as the Data Protection Law Enforcement Directive (LED) - entered into force in 2016 and transposition occurred until 2018. It repealed and replaced Council Framework Decision 2008/977/JHA and is seen as a more comprehensive personal data protection instrument. It applies to both domestic and cross-border processing of personal data by competent authorities for the purposes of preventing, investigating, detecting or prosecuting criminal offences and executing criminal penalties, including safeguarding against and preventing threats to public security.

Article 62(6) required the European Commission to review by May 2019 other legal acts that regulate competent authorities’ personal data processing for law enforcement purposes, in order to assess the need to align them with the LED. The results of the review were set out in a Communication published in June 2020, which specified a list of acts that should be aligned with the LED. The list included Council Decision 2009/917/JHA on the use of information technology for customs purposes.

This Regulation aligns the data protection rules in Council Decision 2009/917/JHA with the principles and rules laid down in the LED, in order to provide a strong and coherent personal data protection framework in the European Union (EU).

The draft law was adopted by the European Commission on 11 May 2023. Following informal negotiations between the co-legislators, the European Parliament adopted the proposal on 6 February 2024, followed by the Council of the European Union on 28 February. The Act was formally signed by the co-legislators on 13 March 2024 and published in the Official Journal on 19 March 2024.

• Primary Source

Official

EUR-LEX: COM(2023)244: Proposal for a Regulation amending Council Decision 2009/917/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:2023:244:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal Amending Council Decision 2009/917/JHA, as regards its alignment with Union rules on the protection of personal data (2023/0143(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2023/0143(COD)

European Parliament: Legislative Train Schedule: Alignment of relevant Union law enforcement rules with regard to data protection https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-alignment-of-eu-law-enforcement-rules-with-regard-to-data-protection

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