Translation of "Caractère contradictoire du contrôle judiciaire " (French → English) :

adversarial nature of judicial review

The competence of the supervisory authorities should not cover the processing of personal data when courts are acting in their judicial capacity, in order to safeguard the independence of the judiciary in the performance of its judicial tasks, including decision-making.

While this Directive applies also to the activities of national courts and other judicial authorities, the competence of the supervisory authorities should not cover the processing of personal data where courts are acting in their judicial capacity, in order to safeguard the independence of judges in the performance of their judicial tasks.

Member States should also be able to provide that the competence of the supervisory authority does not cover the processing of personal data of other independent judicial authorities when acting in their judicial capacity, for example public prosecutor's office.

29. Expresses concern at the fact that international cooperation in the fight against terrorism has often served to diminish the level of protection of human rights and fundamental freedoms, notably the fundamental right to privacy, data protection and non-discrimination, and takes the view that the EU should act with greater resolve at international level to promote a genuine strategy based on full compliance with international standards and obligations in the area of human rights and the protection of personal data and privacy in accordance with Articles 7 and 8 of the Charter; consequently urges the Council to adopt the draft framework decision on the protection of personal data processed in the framework of police and ...[+++]judicial cooperation in criminal matters, in line with Parliament's recommendations for higher standards; takes the view that a strategy such as this must take account of the need for effective judicial control of the intelligence services so as to avoid the use of information obtained by torture, ill-treatment or other methods not meeting international human rights standards as evidence in judicial procedures, including at the investigative stage;