(77)Without prejudice to the obligations of Member States and their authorities, the processing of personal data on the basis of this Regulation for the purposes of the prevention of ML/TF should be considered necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 of Regulation (EU) 2018/1725 of the European Parliament and of the Council 17 and Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council 18 . Regulation (EU) 2018/1725 requires the Commission to consult the European Data Protection Supervisor when preparing delegated or implementing acts that have an impact on the protection of individuals’ rights and freedoms with regard to the processing of personal data. That might be the case for the regulatory and implementing technical standards to be developed by the Authority. In order to ensure a smooth process for the preparation and adoption of those acts, where the Authority considers that there is an added value in consulting the European Data Protection Supervisor already at the stage of the development of those acts, it should inform the Commission thereof and obtain its authorisation to proceed with the consultation.
Recital 77
- 17 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39 ). ↩
- 18 Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 ). ↩