APDCAT (Catalonia) - PD 6/2021
| 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: | APDCAT (in CA) |
| Initial Contributor: | Mohamed Siddibeh Kurubally |
The Catalan DPA issued an opinion on the transposing law for the Directive (EU) 2019/1153, emphasizing, among others, the importance of adequate measures to guarantee the security of the data, the necessity principle and the data minimization principle.
English Summary
Facts
The Catalan DPA issued an opinion at the request of the Ministry of the Interior in order to evaluate a Law proposal that transposes the Directive (EU) 2019/1153, laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences.
Regarding the DPA 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.
Holding
In the general issues section, the DPA pointed out that the law proposal 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 out that Article 7(1) does not concur with the principle of data minimization, and to solve this, a new redaction is proposed.
In the same section it is mentioned that it needs to be added for every article a remark that the sharing of information shall be carried out with the adoption of the necessary technical and organizational measures to guarantee the security of the data.
With regard to the data protection section, the DPA noted an amendment to the sentence “as needed” for “when indispensable” to strengthen the exceptionality for the processing of special categories of personal data.
It is finally suggested another amendment remarking the individualization and the technical training of the people who will process the data.
Comment
Share your comments here!
Further Resources
Share blogs or news articles here!
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 Download PD 6/2021 [307.24 kB]
