L 119/106
EN
Official Journal of the European Union
4.5.2016
3.
This Directive shall not preclude Member States from providing higher safeguards than those established in this
Directive for the protection of the rights and freedoms of the data subject with regard to the processing of personal data
by competent authorities.
Article 2
Scope
1.
This Directive applies to the processing of personal data by competent authorities for the purposes set out in
Article 1(1).
2.
This Directive applies to the processing of personal data wholly or partly by automated means, and to the
processing other than by automated means of personal data which form part of a filing system or are intended to form
part of a filing system.
3.
This Directive does not apply to the processing of personal data:
(a) in the course of an activity which falls outside the scope of Union law;
(b) by the Union institutions, bodies, offices and agencies.
Article 3
Definitions
For the purposes of this Directive:
(1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an
identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data, an online identifier or to one or more factors
specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
(2) ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal
data, whether or not by automated means, such as collection, recording, organisation, structuring, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure or destruction;
(3) ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in
the future;
(4) ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to
evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning
that natural person's performance at work, economic situation, health, personal preferences, interests, reliability,
behaviour, location or movements;
(5) ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer
be attributed to a specific data subject without the use of additional information, provided that such additional
information is kept separately and is subject to technical and organisational measures to ensure that the personal
data are not attributed to an identified or identifiable natural person;
(6) ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether
centralised, decentralised or dispersed on a functional or geographical basis;
(7) ‘competent authority’ means:
(a) any public authority competent for 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; or
(b) any other body or entity entrusted by Member State law to exercise public authority and public powers 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;
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