Regulation (EU) 2016/794 of the European Parliament and of the CouncilShow full title

A. Categories of personal data and categories of data subjects whose data may be collected and processed for the purpose of cross-checking as referred to in point (a) of Article 18(2)

1. Personal data collected and processed for the purpose of cross-checking shall relate to:

(a)

persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent, or who have been convicted of such an offence;

(b)

persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent.

2. Data relating to the persons referred to in paragraph 1 may include only the following categories of personal data:

(a)

surname, maiden name, given names and any alias or assumed name;

(b)

date and place of birth;

(c)

nationality;

(d)

sex;

(e)

place of residence, profession and whereabouts of the person concerned;

(f)

social security numbers, driving licences, identification documents and passport data; and

(g)

where necessary, other characteristics likely to assist in identification, including any specific objective physical characteristics not subject to change such as dactyloscopic data and DNA profile (established from the non-coding part of DNA).

3. In addition to the data referred to in paragraph 2, the following categories of personal data concerning the persons referred to in paragraph 1 may be collected and processed:

(a)

criminal offences, alleged criminal offences and when, where and how they were (allegedly) committed;

(b)

means which were or which may have been used to commit those criminal offences, including information concerning legal persons;

(c)

departments handling the case and their filing references;

(d)

suspected membership of a criminal organisation;

(e)

convictions, where they relate to criminal offences in respect of which Europol is competent;

(f)

inputting party.

These data may be provided to Europol even when they do not yet contain any references to persons.

4. Additional information held by Europol or national units concerning the persons referred to in paragraph 1 may be communicated to any national unit or to Europol, should either so request. National units shall do so in compliance with their national law.

5. If proceedings against the person concerned are definitively dropped or if that person is definitively acquitted, the data relating to the case in respect of which either decision has been taken shall be deleted.