OLAF • Rue Joseph II, 30 • B-1049 Brussels (Belgium) • Tel: +32 (0)2 299 11 11 • Web: http://ec.europa.eu/anti_fraud/ PDF

OLAF • Rue Joseph II, 30 • B-1049 Brussels (Belgium) • Tel: +32 (0)2 299 11 11 • Web: http://ec.europa.eu/anti_fraud/

Brussels, July 2016

PRIVACY STATEMENT FOR IMPORT, EXPORT,

TRANSIT DIRECTORY

(OLAF DPO 212)

1. DESCRIPTION OF THE PROCESSING OPERATION

The purpose of th is privacy statement is to supply the data subject with information as

required by Articles 11 and 12 of Regulation (EC) No 45/2001 on the p rotection of

individuals with regard to the processing of personal data by the EU institutions and

bodies and on the free movement of such data.

The competent authorities of the Member States communicate and exchange anti-fraud

information with each other and with the Commission in the framework of Regulation

(EC) No 515/97 with the aim of preventing, inve stigating and p rosecuting breaches of

customs or agricultural legislation.

The Import, export, transit directory is a n IT application developed to assist the

competent authorities in the fight against customs fraud and facilitate the exchange of

information. The Import, export, t ransit directory establishes the supporting I T solution

able to receive and store import declarations (from ICS or Surveillance) , e xport

declaration (limited to sensitive goods: alcohol, tobacco and energy products) from ECS

(Export Control System), transit declarations from NCTS (New Computerized Transit

Information System). This directory will be used by OLAF and Member States to conduct

investigations against fraud.

Exchanges of information are made by means of the application of the Anti -Fraud

Information System (AFIS).

2. WHAT PERSONAL INFORMATION DO WE COLLECT, FOR WHAT PURPOSE, AND

THROUGH WHICH TECHNICAL MEANS?

We collect data on natural persons (or legal persons whose name may lead to the identity

of a natural person) whose name may appear on import, export or transit declaration.

The Import, export, transit directory contains the following data fields relating to

consignor/exporter trader; consignor security trader; consignee trader; consignee

security trader; principal trader, declarant/representative trader:

• Name
• Street and number

OLAF • Rue Joseph II, 30 • B-1049 Brussels (Belgium) • Tel: +32 (0)2 299 11 11 • Web: http://ec.europa.eu/anti_fraud/

• Postal code
• City
• Country code
• EORI number

The purpose of collecting the information is to assist competent authorities referred to in

Regulation (EC) No 515/97 in preventing, inve stigating and prosecut ing breaches of

customs or agricultu ral legislation and thereby enhance the effectiveness of t he

cooperation am ong t he Memb er States and between the Member States and t he

Commission.

The data are received via the AFIS and is stored on OLAF’s c o m p u t e r s .

3. WHO HAS ACCESS TO YOUR INFORMATION AND TO WHOM IS IT DISCLOSED?

The information is held centrally and the access to it is limited to designated users for the

purposes of assisting competent authorities in preventing, investigating and prosecuting

breaches of customs or agricultural legislation.

The access to data included in the Import, export, transit directory is limited to the

specifically designated Commission departments and specifically designated national

authorities. The authorisation is conducted via the AFIS URT application (please see the

notification AFIS User Register, IT Service Management Tools and Logs Processing (D PO

81).

The provisions governing the access rights and possible transfer of personal data are

included directly in Regulation (EC) No 515/97.

4. HOW DO WE PROTECT AND SAFEGUARD YOUR INFORMATION?

Controlled individual password access is based on the Commission’s secure CCN/CSI

network installed on the user administrations’ terminals or on the AFIS internet secured

access installed on the user administration's terminals.

The user may connect via CCN network or via internet. To connect via internet, an AFIS

certificate needs to be installed on the user terminal to secure the communication channel

between the administration and AFIS.

Personal data are stored in OLAF’s electronic files, media and paper fi les. OLAF has put in

place appropriate technical and organisational measures designed to p rotect the

information from loss, misuse, unaut horized access, disclosure, alteration or destruction.

For further details on security, see the notification AFIS User Register, IT Service

Management Tools and Logs Processing (DPO 81).

5. HOW LONG DO WE KEEP YOUR PERSONEL DATA?

The Commission may store the data only for the time necessary to achieve the purpose

for which they were included and in any case for no longer than five years with an

OLAF • Rue Joseph II, 30 • B-1049 Brussels (Belgium) • Tel: +32 (0)2 299 11 11 • Web: http://ec.europa.eu/anti_fraud/

additional period of two years if justified.

6. HOW CAN YOU VERIFY, MODIFY OR DELETE YOUR INFORMATION?

In accordance with section 5 of Regulation (EC) No 45/2001 data subjects have the right

to access their personal data and to correct and complete them. Exemptions under Article

20 of Regulation (EC) 45/2001 may apply.

Upon request, individuals may be sent a copy of their personal data. Any request for

access, rectification, blocking and/or erasing of personal data should be directed to the

Controller via email (OLAF-FMB-DATA-PROTECTION@ec.europa.eu).

If the personal data for which an application for access has been made have been supplied

by a Member State, access shall be permitted only if the supplying partner has been given

the opportunity to state its position on the request.

In case personal data are included in h igh volume, inter-institutional data processing

operations for the purpose of identifying trends and patterns of unusual activity to

enhance re search, control, administrative, prevention and enforcement measures, OLAF

will not be able to provide individual notices as the provision of this data would be

impossible or would inv olve a disproportionate effort, in light of the lar ge number of

individuals concerned.

7. RIGHT OF RECOURSE

You have the right to have recourse to the European Data Protection S upervisor

(edps@edps.europa.eu) if you consider that your rights un der Regulation (EC) No

45/2001 have been infringed as a result of the processing of your personal data by OLAF.