Scope
This Chapter applies only to designated competent authorities and FIUs in respect of the exchange of information pursuant to Chapter III and in respect of the exchange of financial information and financial analysis involving the Europol national units pursuant to Chapter IV.
Processing of sensitive personal data
1. The processing of personal data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership or of data concerning a natural person’s health, sex life or sexual orientation shall only be allowed subject to appropriate safeguards for the rights and freedoms of the data subject, in accordance with the applicable data protection rules.
2. Only staff who have been specifically trained and who have been specifically authorised by the controller may access and process the data referred to in paragraph 1 under the guidance of the data protection officer.
Records of information requests
Member States shall ensure that records are kept relating to requests for information pursuant to this Directive. Those records shall contain at least the following information:
(a)
the name and contact details of the organisation and of the staff member requesting the information and, as far as possible, of the recipient of the results of the query or search;
(b)
the reference to the national case in relation to which the information is requested;
(c)
the subject matter of the requests; and
(d)
any executing measures of such requests.
The records shall be kept for a period of five years after their creation and shall be used solely for the purpose of checking the lawfulness of the processing of personal data. The authorities concerned shall make all records available to the national supervisory authority upon its request.
Restrictions to data subjects’ rights
Member States may adopt legislative measures restricting, in whole or in part, data subjects’ right of access to personal data relating to them processed under this Directive, in accordance with Article 23(1) of Regulation (EU) 2016/679 or with Article 15(1) of Directive (EU) 2016/680, as applicable.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.