Industry News

Data Protection Supervisor says 4AMLD are not 'proportionate'

Monday, 6 February, 2017

On 2 February 2017, the European Data Protection Supervisor (EDPS) published Opinion 1/2017 on the proposal to amend EU Directive 2015/849 (the Fourth EU Anti-Money Laundering Directive, 4AMLD) and Directive 2009/101/EC.  The Opinion assesses the data protection implications of the amendments to 4AMLD.

It also raises questions as to whether or not the invasive collection of personal data is proportionate to the fight against money laundering and terrorism financing. It also scrutinises the proposal of access to beneficial ownership information by competent authorities and the public, and the significant and unnecessary risks that this might cause an individual who has a right to privacy and data protection.

Important EDPS proposals with regard to the ongoing issues are:

Proportionality

The European Court of Justice indicated the need to 'ascertain whether such publicity is both necessary and proportionate to the aim […] and in particular [whether] such an objective could not have been attained equally effectively by transmitting the information to the monitoring bodies alone.'

Data protection

The Opinion analyses the impact of the proposal on the fundamental rights to privacy and data protection, 'enacted only if necessary to achieve objectives of general interest recognised by the European Union or the need to protect the rights and freedoms of others.'

Access to information

In addition, the opinion proposes that access to beneficial ownership information in compliance with the principle of proportionality should be available only to law enforcement entities.

EDPS discussions with the European Committee for Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs will begin between March and April 2017.

Sources

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