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Recital 19

Recital 19

(19) 主管機關為達預防、調查、偵查及追訴刑事犯罪或執行刑罰之 目的所為當事人受保護之個人資料處理,包括為維護及預防此等資料 對公共安全及個人資料自由流通造成之威脅,乃係特定歐盟法律之主 題。因此,本規則不適用於有關上開目的所為之個人資料處理。惟公 務機關依本規則處理個人資料時,如其使用係為上開目的,則應受更 為具體之歐盟法案之拘束,即歐洲議會及歐盟理事會所制定之歐盟第 2016/680 號指令[7]。對於歐盟第 2016/680 號指令所定之主管機關, 會員國得委託其非必然為上開預防、調查、偵查及追訴刑事犯罪或執 行刑罰,包括為維護及預防對公共安全造成威脅之目的之職務,而該 等非基於上開目的所處理之個人資料,仍屬於歐盟法之範疇,亦有本 規則之適用。

(19) 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 and the free movement of such data, is the subject of a specific Union legal act.

This Regulation should not, therefore, apply to processing activities for those purposes.

However, personal data processed by public authorities under this Regulation should, when used for those purposes, be governed by a more specific Union legal act, namely Directive (EU) 2016/680 of the European Parliament and of the Council [7].

Member States may entrust competent authorities within the meaning of Directive (EU) 2016/680 with tasks which are not necessarily carried out for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and prevention of threats to public security, so that the processing of personal data for those other purposes, in so far as it is within the scope of Union law, falls within the scope of this Regulation.

關於主管機關在本規則之目的範圍內所處理之個人資料,會員國應得 維持或採用更具體之規範,使其與本規則規定之適用相符。各會員國 得自行斟酌其憲法、組織及行政法架構,為該等機關因上開目的以外 所為個人資料之處理,訂定更具體化之特定規範。如私人處理個人資 料在本規則之目的範圍內者,本規則應使會員國得於特定情況下以法 律限制其權利義務,且該限制屬在民主社會中所必要且適度之措施, 並係為維護特定重要利益,包括公共安全及預防、調查、偵查或追訴 刑事犯罪或執行刑罰,包括維護及預防對公共安全之威脅。舉例而言, 此關係到洗錢防制架構或鑑識實驗活動等。

With regard to the processing of personal data by those competent authorities for purposes falling within scope of this Regulation, Member States should be able to maintain or introduce more specific provisions to adapt the application of the rules of this Regulation.

Such provisions may determine more precisely specific requirements for the processing of personal data by those competent authorities for those other purposes, taking into account the constitutional, organisational and administrative structure of the respective Member State.

When the processing of personal data by private bodies falls within the scope of this Regulation, this Regulation should provide for the possibility for Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific important interests including public security and 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.

This is relevant for instance in the framework of anti-money laundering or the activities of forensic laboratories.

[7] Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data and repealing Council Framework Decision 2008/977/JHA (see page 89 of this Official Journal).

[7] Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data and repealing Council Framework Decision 2008/977/JHA (see page 89 of this Official Journal).