Amendment LIBE #2540

Article 45+

Article 45b The working arrangements referred to in paragraph 3(b) shall ensure that: (a) justification as to the purpose of the request for cooperation is provided by the competent authorities; (b) the persons employed or formerly employed by the competent authorities of the third country that receive the information are subject to obligations of professional secrecy; (c) the competent authorities of the third country may use the results of cooperation only for the exercise of functions relating to the protection of personal data; (d) in the event of the competent authority of the third country intending to transfer the information received by means of cooperation to a third party, prior, specific and written consent must be obtained from the authority which provided the information, unless such transfer is required by national law or ordered by a court of law and constitutes a necessary measure to safeguard relevant public interests relating to: (i) the prevention, investigation or prosecution of criminal offences; (ii) the monitoring, inspection or regulation connected, even occasionally, with the exercise of official authority within the scope of the agreement. In such cases, prior notice shall be given to the authority that provided the information; (e) the appropriate technical and organisational security measures are adopted to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing personal data; (f) the request for cooperation from the competent authority of the third country should be refused: (i) where it would adversely affect the sovereignty, security or public order of the Community or of the requested Member State, or (ii) where judicial proceedings have already been initiated in respect of the same actions and against the same persons before the authorities of the requested Member State.

Current Data Privacy Rating is : neutral    Agustín Díaz de Mera García Consuegra Spain EPP    Teresa Jiménez-Becerril Barrio Spain EPP

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