Obsah (4)
Article 6Article 9Article 7Article 132023. évi XXXV. törvény a Délkelet-európai Rendőri Együttműködési Egyezmény Felei között létrejött, a DNS-adatok, a daktiloszkópiai adatok és a gépjármű-nyilvántartási adatok automatizált cseréjéről s
Articles 3 and 4 for DNA data, the national contact point,
Article 6
for dactyloscopic data, the national contact point,
Article 9
for vehicle registration data and the national contact point,
Article 7for personal data.
(2)The national contact point as referred to in Article 7 shall supply such subsequent personal data in accordance with the national legislation of the Party designating the responsible contact point. Other available legal assistance channels need not be used unless necessary in accordance with the national legislation, including the legal assistance rules, of the Parties. Article 9 Automated searching of vehicle registration data
(1)For the prevention and investigation of criminal offences and to assist in the identification of missing persons and unidentified human remains and in dealing with other offences coming within the jurisdiction of the courts or the public prosecution service in the searching Party, as well as in maintaining public security, Parties shall allow other Parties’ national contact points, access to the following national vehicle registration data, with the power to conduct automated searches in individual cases: (a) data relating to owners or operators; and (b) data relating to vehicles. Searches may be conducted only with a full chassis number or a full registration number. Searches may be conducted only in compliance with the searching Party’s national legislation.
(2)For the purposes of the supply of data as referred to in paragraph 1, each Party shall designate a national contact point for incoming requests. The powers of the national contact points shall be governed by the applicable national legislation. Details of technical arrangements for the procedure shall be laid down in a vehicle registration data User manual. CHAPTER III COMMON PROVISIONS ON THE FRAMEWORK FOR DATA EXCHANGE Article 10 Principles of DNA and dactyloscopic data exchange
(1)The Parties shall use existing standards for DNA and dactyloscopic data exchange.
(2)The transmission procedure, in case of automated searching and comparison of DNA profiles and of dactyloscopic data shall take place within a decentralised structure.
(3)Appropriate measures shall be taken to ensure confidentiality and integrity for data being sent to other Parties, including their encryption.
(4)The Parties shall take the necessary measures to guarantee the integrity of the DNA profiles and dactyloscopic data made available or sent for comparison to the other Parties and to ensure that these measures comply with international standards. Article 11 Technical and procedural specifications
(1)The Parties shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data and vehicle registration data.
(2)These technical and procedural specifications are laid down in the Implementing Agreement and User manuals. CHAPTER IV DATA PROTECTION Article 12 Level of data protection As regards the processing of personal data which are or have been supplied pursuant to this Agreement, each Party shall in its national legislation ensure an adequate level of protection of personal data essentially equivalent to the principles and standards enshrined in Directive (EU) 2016/680 and the relevant Council of Europe Convention and recommendations. Article 13 Purpose
(1)Processing of personal data by the receiving Party shall be permitted solely for the purposes for which the data have been supplied in accordance with this Agreement. Processing for other purposes shall be permitted solely with the prior authorisation of the Party administering the file and subject only to the national legislation of the receiving Party. Such authorisation may be granted provided that processing for such other purposes is permitted under the national legislation of the Party administering the file.
(2)Processing of data supplied pursuant to Articles 3, 4 and 6 by the searching or comparing Party shall be permitted solely in order to: (
- a)establish whether there is a match between the compared DNA profiles; (
- b)establish whether there is a match between the compared dactyloscopic data; (
- c)prepare and submit a police or judicial request for legal assistance in compliance with national legislation if there is a hit between those data via the national contact point designated in accordance with Articles 7 and 8; (
- d)record within the meaning of Article 17.
(3)The Party administering the file may process the data supplied to it in accordance with Articles 3, 4 and 6 solely where this is necessary for the purposes of comparison, providing automated replies to searches or recording pursuant to Article 17. The supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary for the purposes mentioned under points (b) and (c) of the second paragraph.
(4)Data supplied in accordance with Article 9 may be used by the Party administering the file solely where this is necessary for the purpose of providing automated replies to search procedures or recording as specified in Article
- The data supplied shall be deleted immediately following automated replies to searches unless further processing is necessary for recording pursuant to Article
- The searching Party may use data received in a reply solely for the procedure for which the search was made. Article 14 Competent authorities Personal data supplied may be processed only by the competent law enforcement authorities with responsibility for a task in furtherance of the aims
Article 13
. In particular, data may be supplied to other entities only with the prior authorisation of the supplying Party and in compliance with the national legislation of the receiving Party. Article 15 Accuracy, current relevance and storage time of data
(1)The Parties shall ensure the accuracy and current relevance of personal data. Should it transpire ex officio or from a notification by the data subject that incorrect data or data which should not have been supplied have been supplied, this shall be notified without delay to the receiving Party or Parties. The Party or Parties concerned shall be obliged to correct or delete the data. Moreover, personal data supplied shall be corrected if they are found to be incorrect. If the receiving body has reason to believe that the supplied data are incorrect or should be deleted the supplying body shall be informed forthwith.
(2)Data, the accuracy of which the data subject contests and the accuracy or inaccuracy of which cannot be established shall, in accordance with the national legislation of the Parties, be marked with a flag at the request of the data subject. If a flag exists, this may be removed subject to the national legislation of the Parties and only with the permission of the data subject or based on a decision of the competent court or independent data protection authority.
(3)Personal data supplied which should not have been supplied or received shall be deleted. Data which are lawfully supplied and received shall be deleted: (
- a)if they are not or no longer necessary for the purposes for which they were supplied; if personal data have been supplied without request, the receiving body shall immediately check if they are necessary for the purposes for which they were supplied; (
- b)following the expiry of the maximum period for keeping data laid down in the national legislation of the supplying Party where the supplying body informed the receiving body of that maximum period at the time of supplying the data. Where there is reason to believe that deletion would prejudice the interests of the data subject, the data shall be kept in accordance with the national legislation. Article 16 Technical and organisational measures to ensure data protection and data security
(1)The supplying and receiving bodies shall take steps to ensure that personal data is effectively protected against accidental or unauthorised destruction, accidental loss, unauthorised access, unauthorised or accidental alteration and unauthorised disclosure.
(2)The features of the technical specification of the automated search procedure are regulated in the implementing measures as referred to in Article 20 which guarantee that: (
- a)state-of-the-art technical measures are taken to ensure data protection and data security, in particular data confidentiality and integrity; (
- b)encryption and authorisation procedures recognised by the competent authorities are used when having recourse to dedicated networks; and (
- c)the admissibility of searches in accordance with Article 17
(2),
(4)and
(5)can be checked. Article 17 Logging and recording: special rules governing automated and non-automated supply
(1)Each Party shall guarantee that every non-automated supply and every non-automated receipt of personal data by the body administering the file and by the searching body is logged in order to verify the admissibility of the supply. Logging shall contain the following information: (a) the reason for the supply; (b) the data supplied; (c) the date of the supply; and (d) the name or reference code of the searching body and of the body administering the file.
(2)The following shall apply to automated searches for data based on Articles 3, 4 and 6 and Article 9: (
- a)only specially authorised officers may carry out automated searches or comparisons. The list of officers authorised to carry out automated searches or comparisons shall be made available upon request to the supervisory authorities referred to in paragraph 5 and to the other Parties; (
- b)each Party shall ensure that each supply and receipt of personal data by the body administering the file and the searching body is recorded, including notification of whether or not a match exists. Recording shall include the following information: (
- i)the data supplied; (
- ii)the date and exact time of the supply; and (iii) the name or reference code of the searching body and of the body administering the file. The searching body shall also record the reason for the search or supply as well as an identifier for the official who carried out the search and the official who ordered the search or supply.
(3)The recording body shall immediately communicate the recorded data upon request to the competent data protection authorities of the relevant Party at the latest within four weeks following receipt of the request. Recorded data may be used solely for the following purposes: (a) monitoring data protection; (b) ensuring data security.
(4)The recorded data shall be protected with suitable measures against inappropriate use and other forms of improper use and shall be kept for two years. After the conservation period the recorded data shall be deleted immediately.
(5)Responsibility for legal checks on the supply or receipt of personal data lies with the independent data protection authorities or, as appropriate, the judicial authorities of the respective Parties. Anyone can request these authorities to check the lawfulness of the processing of data in respect of their person in compliance with national legislation. Independently of such requests, these authorities and the bodies responsible for recording shall carry out random checks on the lawfulness of supply, based on the files involved.
(6)The results of such checks shall be kept for inspection for 18 months by the independent data protection authorities. After this period, they shall be immediately deleted. Each data protection authority may be requested by the independent data protection authority of another Party to exercise its powers in accordance with national legislation. The independent data protection authorities of the Parties shall perform the inspection tasks necessary for mutual cooperation, in particular by exchanging relevant information. Article 18 Data subjects’ rights to information and damages
(1)At the request of the data subject under national legislation, information shall be supplied in compliance with national legislation to the data subject upon production of proof of identity, without unreasonable expense, in general comprehensible terms and without unacceptable delays, on the data processed in respect of the person, the origin of the data, the recipient or groups of recipients, the intended purpose of the processing and, where required by national legislation, the legal basis for the processing. Moreover, the data subject shall be entitled to have inaccurate data corrected and unlawfully processed data deleted. The Parties shall also ensure that, in the event of violation of the rights in relation to data protection, the data subject shall be able to lodge an effective complaint to an independent court or a tribunal within the meaning of Article 6
(1)of the European Convention on Human Rights or an independent data protection authority established by national legislation according to the standards essentially equivalent to Directive (EU) 2016/680 and the relevant Council of Europe Convention and recommendations and that the data subject is given the possibility to claim for damages or to seek another form of legal compensation. The detailed rules for the procedure to assert these rights and the reasons for limiting the right of access shall be governed by the relevant national legislation of the Party where the data subject asserts these rights.
(2)Where a body of one Party has supplied personal data under this Agreement, the receiving body of the other Party cannot use the inaccuracy of the data supplied as grounds to evade its liability vis-à-vis the injured Party under national legislation. If damages are awarded against the receiving body because of its use of inaccurate transfer data, the body which supplied the data shall refund the amount paid in damages to the receiving body in full. Article 19 Information requested by the Parties The receiving Party shall inform the supplying Party on request of the processing of supplied data and the result obtained. CHAPTER V FINAL PROVISIONS Article 20 Implementing Agreement and User manuals
(1)On the basis and within the scope of this Agreement, the Parties shall conclude an agreement for its implementation.
(2)User manuals shall be prepared and kept up to date by expert working groups composed of representatives of the Parties. User manuals contain administrative and technical information needed for efficient and effective exchange of data. Article 21 Evaluation of the data exchange
(1)An evaluation of the administrative, technical and financial application of the data exchange pursuant to Chapter II of this Agreement shall be carried out. The evaluation must be carried out before starting the data exchange. If needed, the evaluation can be repeated for those Parties already applying this Agreement. The evaluation shall be carried out with respect to the data categories for which data exchange has started among the Parties concerned. The evaluation shall be based on reports of the respective Parties.
(2)The evaluation shall be carried out by a joint working group made up of representatives of the Parties. The working group shall meet at the request of a Party or on a regular basis every five years. Article 22 Relationship with other international agreements
(1)This Agreement shall not affect any rights, obligations and responsibilities of the Parties arising from other international agreements to which they are parties.
(2)Unless otherwise stipulated explicitly in this Agreement, cooperation shall be performed within the scope of the respective national legislation of the Parties. Article 23 Implementation and Application
(1)The Parties shall inform the Depositary that they have implemented the obligations imposed on them under this Agreement and designated national contact points according to this Agreement.
(2)Once a positive evaluation of a Party in the context of this Agreement (Article 21) or the European Union has been made, the respective Party is entitled to apply this Agreement immediately in relation to all other Parties which also have been evaluated positively. The respective Party shall inform the Depositary accordingly.
(3)Declarations submitted in accordance with paragraph 1 of this Article may be amended at any time. Article 24 Depositary
(1)Depositary of this Agreement is the Republic of Serbia.
(2)The Depositary shall send a certified copy of this Agreement to each Party.
(3)The Depositary shall notify the Parties of the deposit of any instrument of ratification, acceptance, approval or accession, of any declarations, statements or notifications made in connection with this Agreement.
(4)The Depositary shall notify all Parties on any date of entry into force of this Agreement in accordance with Article 26. Article 25 Ratification, Acceptance, Approval, Accession or Reservation
(1)This Agreement is subject to ratification, acceptance, or approval of the Parties. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.
(2)This Agreement shall be open for accession by any PCC SEE Party. The instrument of accession shall be deposited with the Depositary.
(3)No reservations may be made to this Agreement. Article 26 Entry into Force
(1)This Agreement shall enter into force on the sixtieth day following the date of the deposit of the second instrument of ratification, acceptance, approval, or accession.
(2)For each Party ratifying, accepting, approving, or acceding to this Agreement after the deposit of the second instrument of ratification, acceptance, approval, or accession, the Agreement shall enter into force on the sixtieth day after deposit by such Party of its instrument of ratification, acceptance, approval, or accession. Article 27 Withdrawal and Suspension
(1)This Agreement shall be concluded for an indefinite period of time.
(2)Any Party may withdraw from this Agreement at any time by written notification to the Depositary. The withdrawal shall take effect six months after the date of receipt of the notification by the Depositary.
(3)Regardless of the termination of this Agreement the provisions laid down in Chapter IV shall apply regarding to the processed data.
(4)Any Party may suspend the operation of this Agreement in full or in part if necessary for reasons of public order, protection of national security or protection of public health. The Parties shall notify the Depositary without delay of taking or revoking such a measure. Any measure taken under this paragraph shall take effect 15 days after the date of receipt of the notification by the Depositary.
(5)The Depositary shall inform other Parties of the notification of withdrawal or suspension without delay. In witness whereof the undersigned, being duly authorised have signed this Agreement: For the Republic of Albania For the Republic of Austria For Bosnia and Herzegovina For the Republic of Bulgaria For Hungary For the Republic of Macedonia For the Republic of Moldova For Montenegro For Romania For the Republic of Serbia For the Republic of Slovenia Done in Vienna, on the 13th day of September 2018, in a single original copy in the English language. Vissza az oldal tetejére -->