Article 6*

Article 6 – Different degrees of accuracy and reliability of personal data

Commission Proposal

1. Member States shall ensure that, as far as possible, the different categories of personal data undergoing processing are distinguished in accordance with their degree of accuracy and reliability.2. Member States shall ensure that, as far as possible, personal data based on facts are distinguished from personal data based on personal assessments.

EDRi’s proposed amendment

1. Member States shall ensure that, as far as possible, the different categories of personal data undergoing processing are distinguished in accordance with their degree of accuracy and reliability.2. Member States shall ensure that, as far as possible, personal data based on facts are distinguished from personal data based on personal assessments.

Justification

The obligation to distinguish the categories of data according to their degree of reliability and accuracy should be unconditional. This is very important in the context of information sharing between law-enforcement agencies – information might be used far from their source, so indicating the level of reliability is important to avoid situations in which actions are taken based on a misunderstanding of the reliability of a piece of information. See also Privacy International’s analysis of the proposed directive, p. 4 and EDPS opinion pts. 355-358.

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