El próximo 26 de febrero comienza el plazo de de poco más de un año (hasta el 14 de marzo de 2023) que los Estados miembros de la UE tienen para transponer la Directiva (UE) 2022/228 del Parlamento Europeo y del Consejo de 16 de febrero de 2022 por la que se modifica la Directiva 2014/41/UE en lo que respecta a su aproximación a las normas de la Unión sobre protección de datos de carácter personal.
Básicamente esta nueva norma viene a suprimir el art. 20 de la Directiva 2014/41/CE del Parlamento Europeo y del Consejo de 3 de abril de 2014
relativa a la orden europea de investigación en materia penal que se regulaba la protección de datos personales en el seno de una orden europea de investigación en materia penal conforme a Directiva (UE) 2016/680 del Parlamento Europeo y del Consejo, de 27 de abril de 2016, relativa a la protección de las personas físicas en lo que respecta al tratamiento de datos personales por parte de las autoridades competentes para fines de prevención, investigación, detección o enjuiciamiento de infracciones penales o de ejecución de sanciones penales, y a la libre circulación de dichos datos y por la que se deroga la Decisión Marco 2008/977/JAI del Consejo.
Lo anterior significa que la norma que tendrá que velar por la protección de los datos personales en materia de euro órdenes penales será aquella que sirve de norma supletoria, esto es, el Reglamento (UE) 2016/679 del Parlamento Europeo y del Consejo (RGPD) lo cual, en cierta medida, mejora la protección y homogeneiza la misma.
El art. 20 de la Directiva 2014/41/CE establece que:
«Al aplicar la presente Directiva, los Estados miembros velarán por que los datos personales estén protegidos y solo puedan tratarse de acuerdo con la Decisión Marco 2008/977/JAI del Consejo (1) y con arreglo a los principios del Convenio del Consejo de Europa, de 28 de enero de 1981, para la protección de las personas con respecto al tratamiento automatizado de datos de carácter personal y su Protocolo adicional.
El acceso a dichos datos estará limitado, sin perjuicio de los derechos del interesado. Solo podrán acceder a dichos datos las personas autorizadas».
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