This Regulation:
(a)
establishes an IT platform (the ‘JITs collaboration platform’), to be used on a voluntary basis, to facilitate the cooperation of competent authorities participating in joint investigation teams (‘JITs’) set up on the basis of Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union or of Framework Decision 2002/465/JHA;
(b)
lays down rules on the division of responsibilities between the JITs collaboration platform users and the agency responsible for the development and maintenance of the JITs collaboration platform;
(c)
sets out conditions under which the JITs collaboration platform users may be granted access to the JITs collaboration platform;
(d)
lays down specific data protection provisions needed to supplement the existing data protection arrangements and to provide for an adequate overall level of data protection, data security and protection of the fundamental rights of the persons concerned.
1. This Regulation applies to the processing of information, including personal data, within the context of a JIT. That includes the exchange and storage of operational data, as well as of non-operational data.
2. This Regulation applies to the operational and post-operational phases of a JIT, starting from the moment the relevant JIT agreement is signed until all operational and non-operational data of that JIT have been removed from the centralised information system.
3. This Regulation does not amend or otherwise affect the existing legal provisions on the establishment, conduct or evaluation of JITs.
For the purposes of this Regulation, the following definitions apply:
(1)
‘centralised information system’ means a central IT system where the storage and processing of JITs-related data takes place;
(2)
‘communication software’ means software that facilitates the exchange of files and messages in text, audio, image or video formats between JITs collaboration platform users;
(3)
‘competent authorities’ means the authorities of the Member States that are competent to be part of a JIT that was set up in accordance with Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union and Article 1 of Framework Decision 2002/465/JHA, the EPPO when acting pursuant to its competences as provided for in Articles 22, 23 and 25 of Regulation (EU) 2017/1939, as well as the competent authorities of a third country where they are Party to a JIT agreement under an additional legal basis;
(4)
‘JIT members’ means representatives of the competent authorities;
(5)
‘JITs collaboration platform users’ means JIT members, Eurojust, Europol, OLAF and other competent Union bodies, offices and agencies or representatives of an international judicial authority that participates in a JIT;
(6)
‘international judicial authority’ means an international body, court, tribunal, or mechanism established to investigate and prosecute serious crimes of concern to the international community as a whole, namely crimes of genocide, crimes against humanity, war crimes and related criminal offences that affect international peace and security;
(7)
‘JIT collaboration space’ means an individual isolated space for each JIT hosted on the JITs collaboration platform;
(8)
‘JIT space administrator’ means a Member State’s JIT member, or an EPPO JIT member, designated in a JIT agreement, in charge of a JIT collaboration space;
(9)
‘operational data’ means information and evidence processed by the JITs collaboration platform during the operational phase of a JIT to support cross-border investigations and to support prosecutions;
(10)
‘non-operational data’ means administrative data processed by the JITs collaboration platform, in particular to facilitate the management of a JIT and cooperation between JITs collaboration platform users.
Technical architecture of the JITs collaboration platform
The JITs collaboration platform shall be composed of the following:
(a)
a centralised information system which allows for temporary central data storage;
(b)
communication software which allows for the secure local storage of communication data on the devices of the JITs collaboration platform users;
(c)
a connection between the centralised information system and relevant IT tools that support the functioning of JITs and that are managed by the JITs Network Secretariat.
The centralised information system shall be hosted by eu-LISA at its technical sites.
The purpose of the JITs collaboration platform shall be to facilitate:
(a)
the coordination and management of a JIT, through a set of functionalities that support the administrative and financial processes within the JIT;
(b)
the rapid and secure exchange and temporary storage of operational data, including large files, through an upload and download functionality;
(c)
secure communications through a functionality that covers instant messaging, chats, audio-conferencing and video-conferencing;
(d)
the traceability of exchanges of evidence through an advanced logging and tracking mechanism which allows all evidence exchanged, including its access and processing, through the JITs collaboration platform to be kept track of;
(e)
the evaluation of a JIT through a dedicated collaborative evaluation process.
