Recital 18*

Commission Proposal

18. Any processing of personal data must be fair and lawful in relation to the individuals concerned. In particular, the specific purposes for which the data are processed should be explicit.

EDRi’s proposed amendment

18. Any processing of personal data must be fair, and lawful and transparent in relation to the individuals concerned. In particular, the specific purposes for which the data are processed should be explicit.

Justification

This amendment brings this recital more in line with its counterpart in the proposed General Data Protection Regulation and also reflects our proposed changes to Article 4 of this Directive. The principle of transparency should be mentioned as a general principle, even though in the law enforcement context, there are many cases in which data subject rights might be temporarily restricted.

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