Case pending(Art. 263 TFEU) EPPO vs. Court of Auditors VIEW SUMMARY OF CASE Subject matter: Lifting the confidentiality of EU officials – obligation to comply with EPPO’s request Relevant EPPO related legal provisions: Art. 13(2) TFEUArt. 19 of the Staff Regulations
Access to information by the EPPO | Article 43
Access to the case management system | Article 46
Administrative Director Status, appointment | Article 18
Administrative Director Responsiilities | Article 19
Administrative personal data | Article 48
Annual Reports of the EPPO | Article 7
Appointment and dismissal – Administrative Director | Article 18
Appointment and dismissal – European Delegated Prosecutors | Article 17
Appointment and dismissal – Deputy European Chief Prosecutors | Article 15
Appointment and dismissal – European Chief Prosecutors | Article 14
Appointment and dismissal – European Prosecutors | Article 16
Authorized access to operational personal data within the EPPO | Article 76
Automated individual decision-making, including profiling (data protection) | Article 56
Basic principles of the activities of the EPPO | Article 5
Budget | Article 91
Case files of the EPPO | Article 45
Case management system | Article 44
College | Article 9
Communication and modalities for exercising the rights of the data subject | Article 57
Communication of a personal data breach to the data subject | Article 75
Conducting the investigation | Article 28
Confidentiality and professional secrecy | Article 108
Cooperation between the EDPS and national supervisory authorities | Article 87
Cross-border investigations | Article 31
Data protection by design and by default (data protection) | Article 67
Data protection impact assessment | Article 71
Data Protection Officer of the EPPO – Designation of the data protection officer | Article 77
Data Protection Officer of the EPPO – Position of the data protection officer | Article 78
Data Protection Officer of the EPPO – Tasks of the data protection officer | Article 79
Definitions | Article 2
Delegated Commision Acts | Article 115
Deputy European Chief Prosecutors – Status and functions | Article 11
Deputy European Chief Prosecutors – Appointment and dismissal | Article 15
Dismissal of the case | Article 39
Disposition of confiscated assets | Article 38
Distinction between different categories of data subjects | Article 51
Distinction between personal data and verification of quality of personal data | Article 52
Enforcement of assigned measures | Article 32
Entry into force of the Regulation | Article 120
Establishment of the EPPO | Article 3
Establishment of the budget | Article 92
European Chief Prosecutor – Status and functions | Article 11
European Chief Prosecutor – Conditions of employment | Article 14
European Chief Prosecutor – Conditions of employment | Article 96(1)
European Data Protection Supervisor – Cooperation with the EDPS | Article 70
European Data Protection Supervisor – Prior consultation of the EDPS | Article 72
European Data Protection Supervisor – Notification of a personal data breach to the EDPS | Article 74
European Delegated Prosecutors – Status and functions | Article 13
European Delegated Prosecutors – Appointment and dismissal | Article 17
European Delegated Prosecutors – Conditions of employment | Article 96(6)
European Ombudsman | Article 112
European Prosecutors – Status and functions | Article 12
European Prosecutors – Appointment and dismissal | Article 16
European Prosecutors – Conditions of employment | Article 96(1)
Evidence | Article 37
Exercise of rights by the data subject and verification by the European Data Protection Supervisor | Article 62
Exercise of the competence of the EPPO | Article 25
Financial actors | Article 90
Financial rules | Article 95
Staff provisions – general principles | Article 96
General regime of liability | Article 113
Implementation of the budget | Article 93
Implementing rules and programme documents | Article 114
Independence and accountability | Article 6
Information to be made available or given to the data subject | Article 58
Initiation of investigations and allocation of competences within the EPPO | Article 26
Internal rules of procedure of the EPPO | Article 21
Joint controllers (data protection) | Article 64
Judicial review | Article 42
Language arrangements | Article 107
Legal status and operating conditions | Article 106
Lifting priviliges or immunities | Article 29
Limitations of the right of access (data protection) | Article 60
Logging in respect of automated processing (data protection) | Article 69
Material competence of the EPPO | Article 22
Notifications by Member States | Article 117
Obligations of the EPPO (data protection) | Article 63
OLAF and the Court of Auditors | Article 110
Permanent Chambers | Article 10
Pre-trial arrest and cross-border surrender | Article 33
Presentation of accounts and discharge | Article 94
Principles relating to processing of personal data | Article 47
Processing of operational personal data | Article 49
Processing of spedial categories of operational personal data | Article 55
Processing under the authority of the controller or processor | Article 66
Processor (data protection) | Article 65
Professional secrecy of the EDPS | Article 86
Prosecution before national Courts | Article 36
Provisional administrative arrangements of the EPPO | Article 20
Records of categories of processing activities (data protection) | Article 68
Referrals and transfers of proceedings to the national authorities | Article 34
Relations of the EPPO with its partners – Common provisions | Article 99
Relations of the EPPO with its partners – Eurojust | Article 100
Relations of the EPPO with its partners – Europol | Article 102
Relations of the EPPO with its partners – Non-participating Member States | Article 105
Relations of the EPPO with its partners – OLAF | Article 101
Relations of the EPPO with its partners – Institutions, bodies, offices and agencies of the Union | Article 103
Relations of the EPPO with its partners – Third countries and international organisation | Article 104
Reporting, registration and verification of information | Article 24
Review clause | Article 119
Review of the rules on data protection | Article 118
Right of evocation | Article 27
Right to judicial review against the EDPS | Article 89
Right to lodge a compliant with the EDPS | Article 88
Right to rectification or erasure of operational personal data and restriction of data processing | Article 61
Rights of access by the data subject | Article 59
Rules on investigation measures and other measures | Article 30
Rules on protection of sensitive non-classified and classified information | Article 111
Scope of the rights of the suspects and accused persons | Article 41
Seconded experts and other staff | Article 98
Security of processing of operational personal data | Article 73
Simplified prosecution procedures | Article 40
Specific processing conditions (data protection) | Article 53
Structure of the EPPO | Article 8
Subject matter | Article 1
Supervision by the European Data Protection Supervisor | Article 85
Tasks of the EPPO | Article 4
Temporary agents and contract agents | Article 98
Termination of the investigation | Article 35
Territorial and personal competence of the EPPO | Article 23
Time-limits for the storage of operational personal data | Article 50
Transfers of operational personal data – General principles for transfers of operational personal data | Article 80
Transfers of operational personal data – Transfers on the basis of an adequacy decision | Article 81
Transfers of operational personal data – Transfers subject to appropriate safeguards | Article 82
Transfers of operational personal data – Derogations for specific situations | Article 83
Transfers of operational personal data – Transfers to recipients established in third countries | Article 84
Transmission of operational personal data to institutions, bodes, offices and agencies of the Union | Article 54
Transparency | Article 109
Urgency procedure in case of Delegated Commission Acts | Article 116
Chapter I … Subject Matter and definitions
Chapter II … Establishment, tasks and basic principles of the EPPO
Article 5 … Basic principles of the activities
Article 6 … Independence and accountability
Chapter III … Status, structure and organisation of the EPPO
Section 1 … Status and structure of the EPPO
Article 8 … Structure of the EPPO
Article 10 … The Permanent Chambers
Article 11 … The European Chief Prosecutor and the Deputy European Chief Prosecutors
Article 12 … The European Prosecutors
Article 13 … The European Delegated Prosecutors
Section 2 … Appointment and dismissal of the members of the EPPO
Article 14 … Appointment and dismissal of the European Chief Prosecutor
Article 15 … Appointment and dismissal of the Deputy European Chief Prosecutors
Article 16 … Appointment and dismissal of the European Prosecutors
Article 17 … Appointment and dismissal of the European Delegated Prosecutors
Article 18 … Status of the Administrative Director
Article 19 … Responsibilities of the Administrative Director
Article 20 … Provisional administrative arrangements of the EPPO
Section 3 … Internal rules of procedure of the EPPO
Article 21 … Internal rules of procedure of the EPPO
Chapter IV … Competence and exercise of the competence of the EPPO
Section 1 … Competence of the EPPO
Article 22 … Material competence of the EPPO
Article 23 … Territorial and personal competence of the EPPO
Section 2 … Exercise of the competence of the EPPO
Article 24 … Reporting, registration and verification of information
Article 25 … Exercise of the competence of the EPPO
Chapter V … Rules of procedure on investigations, investigation measures, prosecution and alternatives to prosecution
Section 1 … Rules on investigations
Article 26 … Initiation of investigations and allocation of competences within the EPPO
Article 27 … Right of evocation
Article 28 … Conducting the investigation
Article 29 … Lifting priviliges or immunities
Section 2 … Rules on investigation measures and other measures
Article 30 … Investigation measures and other measures
Article 31 … Cross-boder investigations
Article 32 … Enforcement of assigned measures
Article 33 … Pre-trial arrest and cross-border surrender
Section 3 … Rules on prosecution
Article 34 … Referrals and transfers of proceedings to the national authorities
Article 35 … Termination of the investigation
Article 36 … Prosecution before national Courts
Article 38 … Disposition of confiscated assets
Section 4 … Rules on alternatives to prosecution
Article 39 … Dismissal of the case
Section 5 … Rules on simplified procedures
Article 40 … Simplified prosecution procedures
Chapter VI … Procedural safeguards
Article 41 … Scope of the rights of the suspects and accused persons
Chapter VII … Processing of information
Article 43 … Access to information by the EPPO
Article 44 … Case management system
Article 45 … Case files of the EPPO
Article 46 … Access to the case management system
Chapter VIII … Data protection
[Section 1 … Principles]
Article 47 … Principles relating to processing of personal data
Article 48 … Administrative personal data
Article 49 … Processing of operational personal data
Article 50 … Time-limits for the storage of operational personal data
Article 51 … Distinction between different categories of data subjects
Article 52 … Distinction between personal data and verification of quality of personal data
Article 53 … Specific processing conditions
Article 55 … Processing of spedial categories of operational personal data
Article 56 … Automated individual decision-making, including profiling
[Section 2 … Rights of the data subject]
Article 57 … Communication and modalities for exercising the rights of the data subject
Article 58 … Information to be made availiable or given to the data subject
Article 59 … Rights of access by the data subject
Article 60 … Limitations of the right of access
[Section 3 … Controller and processor]
Article 63 … Obligations of the EPPO
Article 64 … Joint controllers
Article 66 … Processing under the authority of the controller or processor
Article 67 … Data protection by design and by default
Article 68 … Records of categories of processing activities
Article 69 … Logging in respect of automated processing
Article 70 … Cooperation with the European Data Protection Supervisor
Article 71 … Data protection impact assessment
Article 72 … Prior consultation of the European Data Protection Supervisor
[Section 4 … Security of personal data]
Article 73 … Security of processing of operational personal data
Article 74 … Notification of a personal data breach to the European Data Protection Supervisor
Article 75 … Communication of a personal data breach to the data subject
[Section 5 … Data Protection Officer]
Article 77 … Designation of the Data Protection Officer
Article 78 … Position of the Data Protection Officer
Article 79 … Tasks of the data protection officer
[Section 6 … Transfers of personal data to third countries or international organisations]
Article 80 … General principles for transfers of operational personal data
Article 81 … Transfers on the basis of an adequacy decision
Article 82 … Transfers subject to appropriate safeguards
Article 83 … Derogations for specific situations
Article 84 … Transfers of operational personal data to recipients established in third countries
[Section 7 … Tasks of the European Data Protection Supervisor]
Article 85 … Supervision by the European Data Protection Supervisor
Article 86 … Professional secrecy of the European Data Protection Supervisor
Article 88 … Right to lodge a compliant with the European Data Protection Supervisor
Article 89 … Right to judicial review against the European Data Protection Supervisor
Chapter IX … Financial and staff provisions
Section 1 … Financial provisions
Article 92 … Establishment of the budget
Article 93 … Implementation of the budget
Article 94 … Presentation of accounts and discharge
Section 2 … Staff provisions
Article 96 … General provisions
Article 97 … Temporary agents and contract agents
Article 98 … Seconded experts and other staff
Chapter X … Provisions on the relations of the EPPO with its partners
Article 99 … Common provisions
Article 100 … Relations with Eurojust
Article 101 … Relations with OLAF
Article 102 … Relations with Europol
Article 103 … Relations with other institutions, bodies, offices and agencies of the Union
Article 104 … Relations with third countries and international organisations
Chapter XI … General provisions
Article 106 … Legal status and operating conditions
Article 107 … Language arrangements
Article 108 … Confidentiality and professional secrecy
Article 110 … OLAF and the Court of Auditors
Article 111 … Rules on protection of sensitive non-classified and classified information
Article 112 … Administrative inquiries
Article 113 … General regime of liability
Article 114 … Implementing rules and programme documents
Article 115 … Exercise of delegation
Article 116 … Urgency procedure