4.5.2016
EN
Official Journal of the European Union
L 119/89
DIRECTIVES
DIRECTIVE (EU) 2016/680 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 April 2016
on the protection of natural persons with regard to the processing of personal data by competent
authorities for the purposes of the prevention, investigation, detection or prosecution of criminal
offences or the execution of criminal penalties, and on the free movement of such data, and
repealing Council Framework Decision 2008/977/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the Committee of the Regions (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1)
The protection of natural persons in relation to the processing of personal data is a fundamental right.
Article 8(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 16(1) of the
Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of
personal data concerning him or her.
(2)
The principles of, and rules on the protection of natural persons with regard to the processing of their personal
data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular
their right to the protection of personal data. This Directive is intended to contribute to the accomplishment of
an area of freedom, security and justice.
(3)
Rapid technological developments and globalisation have brought new challenges for the protection of personal
data. The scale of the collection and sharing of personal data has increased significantly. Technology allows
personal data to be processed on an unprecedented scale in order to pursue activities such as the prevention,
investigation, detection or prosecution of criminal offences or the execution of criminal penalties.
(4)
The free flow of personal data between competent authorities for the purposes of the prevention, investigation,
detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding
against and the prevention of threats to public security within the Union and the transfer of such personal data
to third countries and international organisations, should be facilitated while ensuring a high level of protection
of personal data. Those developments require the building of a strong and more coherent framework for the
protection of personal data in the Union, backed by strong enforcement.
(5)
Directive 95/46/EC of the European Parliament and of the Council (3) applies to all processing of personal data in
Member States in both the public and the private sectors. However, it does not apply to the processing of
personal data in the course of an activity which falls outside the scope of Community law, such as activities in
the areas of judicial cooperation in criminal matters and police cooperation.
(1) OJ C 391, 18.12.2012, p. 127.
(2) Position of the European Parliament of 12 March 2014 (not yet published in the Official Journal) and position of the Council at first
reading of 8 April 2016 (not yet published in the Official Journal). Position of the European Parliament of 14 April 2016.
(3) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to
the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).