4.5.2016
EN
Official Journal of the European Union
L 119/105
(102) As regards Switzerland, this Directive constitutes a development of provisions of the Schengen acquis, as provided
for by the Agreement between the European Union, the European Community and the Swiss Confederation
concerning the association of the Swiss Confederation with the implementation, application and development of
the Schengen acquis (1).
(103) As regards Liechtenstein, this Directive constitutes a development of provisions of the Schengen acquis, as
provided for by the Protocol between the European Union, the European Community, the Swiss Confederation
and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement
between the European Union, the European Community and the Swiss Confederation on the Swiss Confedera
tion's association with the implementation, application and development of the Schengen acquis (2).
(104) This Directive respects the fundamental rights and observes the principles recognised in the Charter as enshrined
in the TFEU, in particular the right to respect for private and family life, the right to the protection of personal
data, the right to an effective remedy and to a fair trial. Limitations placed on those rights are in accordance with
Article 52(1) of the Charter as they are necessary to meet objectives of general interest recognised by the Union
or the need to protect the rights and freedoms of others.
(105) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission
on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of
their transposition measures with one or more documents explaining the relationship between the components
of a directive and the corresponding parts of national transposition measures. With regard to this Directive, the
legislator considers the transmission of such documents to be justified.
(106) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC)
No 45/2001 and delivered an opinion on 7 March 2012 (3).
(107) This Directive should not preclude Member States from implementing the exercise of the rights of data subjects
on information, access to and rectification or erasure of personal data and restriction of processing in the course
of criminal proceedings, and their possible restrictions thereto, in national rules on criminal procedure,
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
Subject-matter and objectives
1.
This Directive lays down the rules relating to 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, including the safeguarding against and the prevention of threats
to public security.
2.
In accordance with this Directive, Member States shall:
(a) protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of
personal data; and
(b) ensure that the exchange of personal data by competent authorities within the Union, where such exchange is
required by Union or Member State law, is neither restricted nor prohibited for reasons connected with the
protection of natural persons with regard to the processing of personal data.
(1) OJ L 53, 27.2.2008, p. 52.
(2) OJ L 160, 18.6.2011, p. 21.
(3) OJ C 192, 30.6.2012, p. 7.
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