Article 2*

Article 2 – Scope

Commission Proposal

1. This Directive applies to the processing of personal data by competent authorities for the purposes referred to in Article 1(1)

.2. This Directive applies to the processing of personal data wholly or partly by automated means, and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.

3. This Directive shall not apply to the processing of personal data:

(a) in the course of an activity which falls outside the scope of Union law, in particular concerning national security;

(b) by the Union institutions, bodies, offices and agencies.

EDRi’s proposed amendment

1. This Directive applies to the processing of personal data by competent authorities for the purposes referred to in Article 1(1).

2. This Directive applies to the processing of personal data wholly or partly by automated means, and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.

3. This Directive shall not apply to the processing of personal data:

(a) in the course of an activity which falls outside the scope of Union law, in particular concerning national security;

(b) by the Union institutions, bodies, offices and agencies.

Justification

The term “national security” is understood differently in different Member States. For clarity, reference should simply be made to “outside the scope of Union law” to avoid a situation in which Member States could claim the national security exemption for processing that should be subject to this Directive.

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