right of presumption of innocence as categorisation should be provided by guaranteed by the Charter of the Member States, taking into account the different purposes for Fundamental Rights of the European which data are collected and Union and by the European providing specific safeguards for Convention on Human Rights, as persons who are not suspected of interpreted by the case law of the having committed, or have not been Court of Justice of the European convicted of, a criminal offence. Union and the European Court of Human Rights respectively. (24) As far as possible personal (24) As far as possible personal (24) The competent authorities (24) The competent authorities (…) data should be distinguished data should be distinguished should ensure that personal data should ensure that personal data according to the degree of their according to the degree of their which are inaccurate, incomplete or which are inaccurate, incomplete or accuracy and reliability. Facts accuracy and reliability. Facts no longer up to date are not no longer up to date are not should be distinguished from should be distinguished from transmitted or made available. In transmitted or made available. In personal assessments, in order to personal assessments, in order to order to ensure both the protection order to ensure both the protection ensure both the protection of ensure both the protection of of individuals and the accuracy, of individuals and the accuracy, individuals and the quality and individuals and the quality and completeness or up-to-datedness completeness or the extent to which reliability of the information reliability of the information and reliability of the personal data the personal data are up to date and processed by the competent processed by the competent transmitted or made available reliability of the personal data (…) authorities. authorities. the competent authorities should, transmitted or made available the as far as possible, add necessary competent authorities should, as far information in all transmissions of as possible, add necessary personal data. information in all transmissions of personal data. (24a) Wherever this Directive (24a) Wherever this Directive refers refers to a legal basis or a to Member State law, a legal basis legislative measure, this does not or a legislative measure, this does necessarily require a legislative act not necessarily require a legislative adopted by a parliament, without act adopted by a parliament, without prejudice to requirements pursuant prejudice to requirements pursuant the constitutional order of the to the constitutional order of the
categorisation should be provided by the Member States, taking into account the different purposes for which data are collected and providing specific safeguards for persons who are not suspected of having committed, or have not been convicted of, a criminal offence. right of presumption of innocence as guaranteed by the Charter of Fundamental Rights of the European Union and by the European Convention on Human Rights, as interpreted by the case law of the Court of Justice of the European Union and the European Court of Human Rights respectively. (24) As far as possible personal data should be distinguished according to the degree of their accuracy and reliability. Facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information processed by the competent authorities. (24) As far as possible personal data should be distinguished according to the degree of their accuracy and reliability. Facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information processed by the competent authorities. (24) (…) The competent authorities should ensure that personal data which are inaccurate, incomplete or no longer up to date are not transmitted or made available. In order to ensure both the protection of individuals and the accuracy, completeness or up-to-datedness and reliability of the personal data transmitted or made available (…) the competent authorities should, as far as possible, add necessary information in all transmissions of personal data. (24) The competent authorities should ensure that personal data which are inaccurate, incomplete or no longer up to date are not transmitted or made available. In order to ensure both the protection of individuals and the accuracy, completeness or the extent to which the personal data are up to date and reliability of the personal data transmitted or made available the competent authorities should, as far as possible, add necessary information in all transmissions of personal data. (24a) Wherever this Directive refers to a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by a parliament, without prejudice to requirements pursuant the constitutional order of the (24a) Wherever this Directive refers to Member State law, a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by a parliament, without prejudice to requirements pursuant to the constitutional order of the
4_4column_table_EN.docx