Recital 36*

Commission Proposal

36. Any person should have the right to have inaccurate personal data concerning them rectified and the right of erasure where the processing of such data is not in compliance with the main principles laid down in this Directive. Where the personal data are processed in the course of a criminal investigation and proceedings,, rectification, the rights of information, access, erasure and restriction of processing may be carried out in accordance with national rules on judicial proceedings.

EDRi’s proposed amendment

36. Any person should have the right to have inaccurate personal data concerning them rectified and the right of erasure where the processing of such data is not in compliance with the main principles laid down in this Directive. Where the personal data are processed in the course of a criminal investigation and proceedings,, rectification, the rights of information, access, erasure and restriction of processing may be carried out in accordance with national rules on judicial proceedings.

Justification

The word “main” creates confusion, as it introduces a distinction between “main” principles and other, lesser, principles. The recital should simply refer to the principles of this Directive.

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