267 Andreea Marica Measures and regulatory changes within the European Union... identification of TCNs, considering the difficulties that lie in determining their identity, either because reliable ID documents do not exist or cannot be found, or even because the TCNs have very common surnames. Of particular concern is the possibility of storing offences committed by minors in the National Criminal Record Registers. In this regard, the EU leaves the response to this matter to the discretion of the national legislation of Member States142. http://revista.ieee.es/index.php/ieee Europol Regulation Europol’s new legal framework is based on Article 88 of the Treaty on the Functioning of the European Union, which establishes that Europol will be governed by a Regulation adopted in accordance with the ordinary legislative procedure, with a scrutiny procedure that reinforces the role of the European Parliament and national parliaments. Moreover, in order to guarantee enhanced data protection, the European Data Protection Supervisor (EDPS) will cooperate with national control authorities. By means of the new Regulation, greater efficiency and effectiveness is sought for Europol, and, in this respect, we should underscore a series of new stipulations such as the obligation falling on Member States to provide the Agency with the data that it requires to fulfil its objectives143. Furthermore, a provision allows Europol to receive personal data directly from private entities and even to transfer personal data to individual entities, for the latter case in exceptional circumstances144. Also of note is the creation of an integrated model of data management that permits Europol to establish links and connection points between various investigations, detect new trends and patterns in organised crime, in addition to avoiding duplications given 142 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. Brussels, 19.1.2016 COM(2016) 7 final. On the basis of the new Article 4 a) of the Proposed Directive, a series of obligations is established for Member States as regards the convictions of a TCN that have been handed down on their territory and in this respect they will have “an obligation to store criminal record information; the obligation to distribute to the other Member States an anonymised index-filter with identity information on the TCN convicted in its territory for the purpose of identifying the Member States holding criminal record information on a TCN; and the obligation to update the index-filter in line with any deletion or alteration of the data included in it.” 143 Recital 13, Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA. 144 Art. 26, Regulation (UE) 2016/794 – EUROPOL, 11 May 2016.
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