Transitional arrangements concerning the processing of personal data in support of an ongoing criminal investigation
Article 74a
1. Where a Member State, the EPPO or Eurojust provided personal data that do not relate to the categories of data subjects listed in Annex II to Europol before 28 June 2022, Europol may process those personal data in accordance with Article 18a where: (a) the Member State concerned, the EPPO or Eurojust informs Europol by 29 September 2022, that it is authorised to process those personal data, in accordance with procedural requirements and safeguards applicable under Union or national law, in the ongoing criminal investigation for which it requested Europol’s support when it initially provided the data; (b) the Member State concerned, the EPPO or Eurojust requests that Europol, by 29 September 2022, support the ongoing criminal investigation referred to in point (a); and (c) Europol assesses, in accordance with Article 18a(1), point (b), that it is not possible to support the ongoing criminal investigation referred to in point (a) of this paragraph without processing personal data that do not comply with Article 18(5). The assessment referred to in point (c) of this paragraph is recorded and sent to the EDPS for information when Europol ceases to support the related specific criminal investigation. 2. Where a Member State, the EPPO or Eurojust does not comply with one or more of the requirements set out in paragraph 1, points (a) and (b) of this Article, with regard to personal data that do not relate to the categories of data subjects listed in Annex II that it provided to Europol before 28 June 2022, or where a Member State, the EPPO or Eurojust does not comply with paragraph 1, point (c) of this Article, Europol shall not process those personal data in accordance with Article 18a, but shall, without prejudice to Article 18(5) and Article 74b, delete those personal data by 29 October 2022. 3. Where a third country referred to in Article 18a(6) provided personal data that do not relate to the categories of data subjects listed in Annex II to Europol before 28 June 2022, Europol may process those personal data in accordance with Article 18a(6) where: (a) the third country provided the personal data in support of a specific criminal investigation in one or more Member States that Europol supports; (b) the third country obtained the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law; (c) the third country informs Europol, by 29 September 2022, that it is authorised to process those personal data in the criminal investigation in the context of which it obtained the data; (d) Europol assesses, in accordance with Article 18a(1), point (b), that it is not possible to support the specific criminal investigation referred to in point (a) of this paragraph without processing personal data that do not comply with Article 18(5) and that assessment is recorded and sent to the EDPS for information when Europol ceases to support the related specific criminal investigation; and (e) Europol verifies, in accordance with Article 18a(6), that the amount of personal data is not manifestly disproportionate in relation to the specific criminal investigation referred to in point (a) of this paragraph in one or more Member States that Europol supports. 4. Where a third country does not comply with the requirement set out in paragraph 3, point (c) of this Article, with regard to personal data that do not relate to the categories of data subjects listed in Annex II that it provided to Europol before 28 June 2022, or where any of the other requirements set out in paragraph 3 of this Article are not complied with, Europol shall not process those personal data in accordance with Article 18a(6), but shall, without prejudice to Article 18(5) and Article 74b, delete those personal data by 29 October 2022. 5. Where a Member State, the EPPO or Eurojust provided personal data that do not relate to the categories of data subjects listed in Annex II to Europol before 28 June 2022, it may request Europol, by 29 September 2022, to store those data and the outcome of Europol’s processing of those data where this is necessary for ensuring the veracity, reliability and traceability of the criminal intelligence process. Europol shall keep personal data that do not relate to the categories of data subjects listed in Annex II functionally separate from other data and shall only process such data for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process, and only for as long as the judicial proceedings concerning the criminal investigation for which those data were provided are ongoing. 6. Where Europol received personal data that do not relate to the categories of data subjects listed in Annex II before 28 June 2022, Europol shall not store those data for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process unless so requested in accordance with paragraph 5. In the absence of such a request, Europol shall delete those personal data by 29 October 2022.