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The Law On The Implementation Of Certain Provisions Of The Europol Decision

Original Language Title: Laki Europolia koskevan päätöksen eräiden säännösten täytäntöönpanosta

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Law on the implementation of certain provisions of the Europol Decision

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Purpose of the law

This law provides for the European Police Office (Europol) (2009/371/JHA), hereinafter referred to as: Europol Decision , the implementation of certain provisions.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Europol The European Police Office established by the Europol Decision;

(2) The competent Europol authorities Police, border guards and customs services;

(3) Europol's data processing systems The information systems referred to in Articles 10 and 11 of the Europol Decision and the analysis work files referred to in Article 14.

ARTICLE 3
National unit

The national unit within the meaning of Article 8 of the Europol Decision shall be the Central Criminal Police.

The replies to Europol's requests for the initiation, execution or coordination of criminal investigations referred to in Article 7 of the Europol Decision shall be transmitted through Europol's national unit.

§ 4
National Supervisory Authority

The national supervisory authority referred to in Article 33 of the Europol Decision is the Data Protection Supervisor in Finland.

§ 5
Connections between competent authorities and Europol

The competent Europol authorities shall be allowed direct contacts with Europol in accordance with Article 8 (2) of the Europol Decision. Those authorities shall have the right under Article 13 (6) of the Europol Decision to search the Europol Information System. The conditions for use of direct contacts in Finland are decided by the Police Board on a proposal from the Europol National Unit.

ARTICLE 6
Transmission of information to Europol

The competent Europol authorities may, without prejudice to confidentiality rules, disclose information contained in their personal records to Europol and Europol's national units, as well as to Europol's data-processing systems for the deposit of Europol The prevention and detection of criminal offences. The competent Europol authorities shall, on their own initiative, supply Europol with the information necessary for Europol to carry out its tasks. The information shall be disclosed through the Europol national unit or directly in accordance with Article 5 of this Act. The national unit of Europol shall also communicate the information by means of a technical service or an information group.

Europol's access to the data of the other national information systems referred to in Article 21 of the Europol Decision shall be decided upon by the controller of the Europol national unit.

The processing of personal data and the surrender of personal data are also laid down in the Personal Data Act (523/1999) , the law on the processing of personal data in law (761/2003) , the Law on the processing of personal data in border guards (1920/2005) , the Law on the processing of personal data (169/2015) And the law on public authorities' activities (18/09/1999) . (22/05/2015)

§ 7
Right to information on Europol's data processing systems

The right of the competent Europol authorities to obtain information on Europol's data processing systems is governed by Articles 13 to 15 of the Europol Decision. The use of data is provided for in Article 19 of the Europol Decision. Information on Europol's data processing systems shall be obtained through Europol's national unit, with the exception of reference data referred to in Article 13 (6) of the Europol Decision.

§ 8
Disclosure of Europol's data processing systems

The deletion of data processing systems by Europol is governed by Articles 12, 13, 20 and 31 of the Europol Decision.

In the event of the deletion of personal data transmitted to Europol by the competent Europol authorities, the deletion of the data shall be immediately communicated to the Europol National Service. Europol's national unit shall immediately withdraw the information from the information system referred to in Article 11 of the Europol Decision, or, where the information has been deposited with other data processing systems of Europol, without delay, indicate the deletion of data To Europol.

§ 9
Recording of information transmission

Europol's national unit shall record the verification of the lawfulness of data processing, self-monitoring and the provision of appropriate data integrity and data security for the supply of personal data transmitted to Europol and Criteria. The same shall apply to the competent Europol authority, when forwarding directly information to Europol. Extradition does not need to be recorded separately in so far as the relevant information is available from the rest of the system or through the register.

ARTICLE 10
The right to inspect data processed by Europol

Every person shall, under the conditions laid down in Article 30 of the Europol Decision, have the right to be informed, at reasonable intervals, of whether personal data relating to him are processed by Europol, and to obtain this information in an intelligible form or to check them. This request shall be submitted to the police department, which shall immediately refer the matter to Europol via Europol's national unit. The police department must inform the complainant that the Europol's reply will be forwarded to him through Europol's national unit.

Furthermore, everyone has the right to ask the Europol Joint Supervisory Body to ensure that the collection, deposit, processing and use of personal data relating to him in Europol is lawful and correct. This request shall be submitted to the police department or the Data Protection Supervisor, who shall immediately refer the matter to the Joint Supervisory Body of Europol.

The verification request referred to in paragraph 1 and the confirmatory confirmatory application referred to in paragraph 2 shall be made personally to the police department and, at the same time, the applicant shall certify his identity.

Article 31 of the Europol Decision provides for the right of data subject to be corrected or deleted from Europol's information systems. Article 32 of the Europol Decision provides for an appeal against a reply to the request for an inspection, correction or deletion of Europol.

Everyone has the right to request the Data Protection Supervisor to ensure that Europol's information system, other transmission to Europol and the use of data relating to him by Europol's national service is lawful and thus, That the individual's rights are not violated. For this purpose, the Data Protection Supervisor shall have the right to access the Europol information system at the Europol national unit and the information on the transmission of information by the Europol national unit.

ARTICLE 11
Participation of Europol staff in joint investigation teams

The participation of Europol staff in joint investigation teams and liability is governed by Articles 6 and 54 of the Europol Decision and by the Law on Joint Investigation Teams (13/2002) .

ARTICLE 12
Entry into force

This Act shall enter into force on 1 June 2011.

This law will repeal the following laws:

1) Act concerning the adoption of a European Police Office and certain provisions of the Protocol on the powers of the Court of Justice of the European Communities (18/09/98) ;

(2) The Protocol amending Article 2 and the Protocol amending the Annex to the Convention establishing a European Police Office and the Convention establishing a European Police Office and Europol, its members and Europol Law on the enforcement of the provisions of the Protocol amending the Protocol on the Privileges and Immunities of the Deputy Directors and Workers (2004) ;

3) Law on transposition of the provisions of the Protocol amending the Convention on the Establishment of a European Police Office (15/07/2004) .

Before the law enters into force, measures may be taken to implement the law.

THEY 81/2010 , HaVM 33/2010, EV 328/2010, Council Decision 2009 /371/JHA (32009D0371), OJ L 121, 15.5.2009, p. 37

Entry into force and application of amending acts:

22.5.2015/647

This Act shall enter into force on 1 June 2015.

THEY 351/2014 , HaVM 54/2014, EV 341/2014