Article 33*

Article 33 – General principles for transfers of personal data

Commission Proposal

Member States shall provide that any transfer of personal data by competent authorities that is undergoing processing or is intended for processing after transfer to a third country, or to an international organisation, including further onward transfer to another third country or international organisation, may take place only if:

(a) the transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; and

(b) the conditions laid down in this Chapter are complied with by the controller and processor.

EDRi’s proposed amendment

1. Member States shall provide that any transfer of personal data by competent authorities that is undergoing processing or is intended for processing after transfer to a public competent authority in a third country, or to an international organisation, including further onward transfer to anotherĀ public competent authority in a third country or international organisation, may take place only if:

(a) the transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; and

(b) the conditions laid down in this Chapter are complied with by the controller and processor.

1a. Member States shall provide that further onward transfers referred to in paragraph 1 of this Article may only take place if, in addition to the conditions laid out in that paragraph:

(a) the onward transfer is necessary for the same specific purpose as the original transfer; and

(b) the competent authority that carried out the original transfer authorises the onward transfer.

Justification

Transfers should only be allowed to law enforcement authorities, and not to other recipients in third countries. This has been suggested both by the EDPS and the Article 29 Working Party, and follows from recital 45. It should also be specified that onward transfers should be subject to additional conditions, as suggested by the Article 29 Working Party. This is further explained in the new proposed recital 45a.

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