APDCAT (Catalonia) - PD 6/2021: Difference between revisions

Revision as of 07:23, 17 August 2021

APDCAT (Catalonia) - PD 6/2021

Authority:	APDCAT (Catalonia)
Jurisdiction:	Spain
Relevant Law:	Directive (EU) 2019/1153 Directive (EU) 2015/849 LO 7/2021 Ley 10/2010
Type:	Advisory Opinion
Outcome:	n/a
Started:
Decided:	22.07.2021
Published:	22.07.2021
Fine:	None
Parties:	n/a
National Case Number/Name:	PD 6/2021
European Case Law Identifier:	n/a
Appeal:	n/a
Original Language(s):	Catalan, Valencian
Original Source:	Informe en relació amb l'Avantprojecte de llei orgànica per la qual s'estableixen normes que facilitin l'ús d'informació financera i d'altre tipus per a la prevenció, detecció, investigació o enjudiciament d'infraccions penals. (in CA)
Initial Contributor:	Mohamed Siddibeh Kurubally

Catalan DPA authority issued an opinion from the request of the Ministry of the Interior in order to evaluate a proposed Law.

English Summary

Facts

The proposed law intends to facilitate the use of financial and other information for the prevention, detection, investigation or prosecution of criminal offences. This regulation will become the transposition of the Directive (EU) 2019/1153. Regarding the Authority considerations, the opinion it is structured in five sections, a first section about general issues, a second about access to the financial ownership file by the competent authorities, a third about share of information and financial analysis, forth about data protection and fifth about data protection.

Dispute

Holding

In the general issues section, the DPA points that the proposed law does not let to know clearly which personal data of the financial ownership file will be accessible for the competent authorities as well as which data will be excluded. In the third section, it’s pointed that the article 7.1 does not concurs with the principle of data minimization, and to solve this, a new redaction is proposed. In the same section it is mentioned the need to add that every article should remark that the share of information will be carried out with the adoption of those technical and organizational measures necessary to guarantee data security. Related to data protection section, the Authority notes an amendment to the sentence “as needed” for “when indispensable” to strengthen the exceptionality for the process of special categories of personal data. It is finally suggested another amendment remarking the individualization and the technical formation for the people who will process the data.

Comment

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Further Resources

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English Machine Translation of the Decision

The decision below is a machine translation of the Catalan, Valencian original. Please refer to the Catalan, Valencian original for more details.










PD 6/2021

22/07/2021


Report on dispositions



SECTORAL AREACriminal court








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PD 6/2021 [307.24 kB]

@@ Line 54: / Line 54: @@
 }}
-In the general issues section, the DPA points that the proposed law does not let to know clearly which personal data of the financial ownership file will be accessible for the competent authorities as well as which data will be excluded.
+Catalan DPA authority issued an opinion from the request of the Ministry of the Interior in order to evaluate a proposed Law.
-In the third section, it’s pointed that the article 7.1 does not concurs with the principle of data minimization, and to solve this, a new redaction is proposed.
-In the same section it is mentioned the need to add that every article should remark that the share of information will be carried out with the adoption of those technical and organizational measures necessary to guarantee data security.
-Related to data protection section, the Authority notes an amendment to the sentence “as needed” for “when indispensable” to strengthen the exceptionality for the process of special categories of personal data.
-It is finally suggested another amendment remarking the individualization and the technical formation for the  people who will process the data.
 == English Summary ==
 === Facts ===
-Catalan DPA authority issued an opinion from the request of the Ministry of the Interior in order to evaluate a proposed Law.
+The proposed law intends to facilitate the use of financial and other information for the prevention, detection, investigation or prosecution of criminal offences.
+This regulation will become the transposition of the Directive (EU) 2019/1153.
+Regarding the Authority considerations, the opinion it is structured in five sections, a first section about general issues, a second about access to the financial ownership file by the competent authorities, a third about share of information and financial analysis, forth about data protection and fifth about data protection.
 === Dispute ===
@@ Line 69: / Line 67: @@
 === Holding ===
-The proposed law intends to facilitate the use of financial and other information for the prevention, detection, investigation or prosecution of criminal offences.
+In the general issues section, the DPA points that the proposed law does not let to know clearly which personal data of the financial ownership file will be accessible for the competent authorities as well as which data will be excluded.
-This regulation will become the transposition of the Directive (EU) 2019/1153.
+In the third section, it’s pointed that the article 7.1 does not concurs with the principle of data minimization, and to solve this, a new redaction is proposed.
-Regarding the Authority considerations, the opinion it is structured in five sections, a first section about general issues, a second about access to the financial ownership file by the competent authorities, a third about share of information and financial analysis, forth about data protection and fifth about data protection.
+In the same section it is mentioned the need to add that every article should remark that the share of information will be carried out with the adoption of those technical and organizational measures necessary to guarantee data security.
+Related to data protection section, the Authority notes an amendment to the sentence “as needed” for “when indispensable” to strengthen the exceptionality for the process of special categories of personal data.
+It is finally suggested another amendment remarking the individualization and the technical formation for the  people who will process the data.
 == Comment ==