Recital 45*

Commission Proposal

45. Member States should ensure that a transfer to a third country only takes place if it is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the controller in the third country or international organisation is an authority competent within the meaning of this Directive. A transfer may take place in cases where the Commission has decided that the third country or international organisation in question ensures an adequate level or protection, or when appropriate safeguards have been adduced.

EDRi’s proposed amendment

45. Member States should ensure that a transfer to a third country only takes place if it is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the controller in the third country or international organisation is an public authority competent within the meaning of this Directive. A transfer may take place in cases where the Commission has decided that the third country or international organisation in question ensures an adequate level or protection, or when appropriate safeguards have been adduced. Data transferred to competent public authorities in third countries should not be further processed for purposes other than the one they were transferred for.

Justification

Transfers should only occur to competent public authorities in third countries and not to other recipients. Transferring data to third countries implies a certain loss of control, so it should be made clear that such data may only be used for the specific purpose for which they were transferred in the first place.

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