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Establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
Article 11c

Article 11c — Processing of personal data collected during joint operations, pilot projects and rapid interventions

  1. Without prejudice to the competence of Member States to collect personal data in the context of joint operations, pilot projects and rapid interventions, and subject to the limitations set out in paragraphs 2 and 3, the Agency may further process personal data collected by the Member States during such operational activities and transmitted to the Agency in order to contribute to the security of the external borders of the Member States.
  2. Such further processing of personal data by the Agency shall be limited to personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border criminal activities, in facilitating illegal migration activities or in human trafficking activities as defined in points (a) and (b) of Article 1(1) of Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence(1).
  3. Personal data referred to in paragraph 2 shall be further processed by the Agency only for the following purposes:
    1. the transmission, on a case-by-case basis, to Europol or other Union law enforcement agencies, subject to Article 13;
    2. the use for the preparation of risk analyses referred to in Article 4. In the result of the risk-analyses, data shall be depersonalised.
  4. The personal data shall be deleted as soon as they have been transmitted to Europol or other Union agencies or used for the preparation of risk analyses referred to in Article 4. The term of storage shall in any event not exceed three months after the date of the collection of those data.
  5. The processing of such personal data shall respect the principles of necessity and proportionality. The personal data shall not be used by the Agency for the purpose of investigations, which remain under the responsibility of the competent authorities of the Member States.

    In particular, it shall be strictly limited to those personal data which are required for the purposes referred to in paragraph 3.

  6. Without prejudice to Regulation (EC) No 1049/2001, onward transmission or other communication of such personal data processed by the Agency to third countries or other third parties shall be prohibited.
  7. This Article shall be applied in accordance with the measures referred to in Article 11a.