APDCAT (Catalonia) - PD 6/2021

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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
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
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 implementing adequate measures to guarantee the security of the data, the necessity principle, and the data minimization principle.

English Summary[edit | edit source]

Facts[edit | edit source]

The Catalan DPA issued an opinion at the request of the Ministry of the Interior in order to evaluate the Law proposal that will transpose 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.

Holding[edit | edit source]

In the about general issues, the DPA pointed out that the law proposal does not clearly state which personal data of the financial ownership file will be accessible for the competent authorities as well as which data will be excluded, and that some necessary definitions are missing.

In the next sections, it is pointed out that Article 7(1) does not concur with the principle of data minimization, so a new redaction is proposed.

It is also mentioned that a remark regarding that the sharing of information shall be carried out with the implementation of the necessary technical and organizational measures to guarantee the security of the data needs to be added for every article.

With regards to the data protection section, the DPA laid down an amendment changing the sentence “when necessary” for “when indispensable”, in order to strengthen the exceptionality for the processing of special categories of personal data.

Another amendment remarking the individualization and the technical training of the people who will process the data is lastly suggested.

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English Machine Translation of the Decision[edit | edit source]

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


Report on dispositions

SECTORAL AREACriminal court


PD 6/2021 [307.24 kB]