1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited.

2. Specific categories of data (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, party or trade union membership, sexual orientation or health or data relating to offences, criminal convictions or security measures) shall be processed only when it is strictly necessary for the performance of the activities of the European Judicial Network.

59. The capture and processing of the image of an identified or unidentifiable person by Security Scanners in order to allow a human reviewer to perform the security relevant assessment falls under EU legislation on data protection The criteria against which the scanning has to be assessed are i) whether the measure proposed is appropriate to achieve the objective (detection of non-metallic items and therefore a higher security level), ii) whether it does not go beyond what is necessary to achieve this objective and iii) whether there is no less intrusive means.

2. if the offence on the basis of which the European arrest warrant has been issued is punishable by custodial life sentence or life-time detention order, the execution of the said arrest warrant may be subject to the condition that the issuing Member State has provisions in its legal system for a review of the penalty or measure imposed, on request or at the latest after 20 years, or for the application of measures of clemency to which the person is entitled to apply for under the law or practice of the issuing Member State, aiming at a non-execution of such penalty or measure;

The EDPS also welcomes paragraph 4, which establishes that specific categories of personal data such as criminal offences, criminal convictions or security measures can only be processed in specific cases, subject to appropriate specific safeguards and shall not be made public or exchanged.

The EDPS welcomes the references in the preamble to the need to apply the Regulation in accordance with the fundamental right to the protection of personal data (recital 10) as well as to the need for appropriate specific safeguards when the Commission processes data relating to criminal offences committed by listed natural persons, and to criminal convictions or security measures concerning such persons.