14 | II Série A - Número: 021S1 | 31 de Agosto de 2011

c) Is undergoing or has undergone training to commit the offenses referred to in subparagraph a); or d) Will commit or has committed a criminal offence, or participates in an organized criminal group or association. 2. The personal data to be supplied shall include, if available, surname, first names, former names, other names, aliases, alternative spelling of names, sex, date and place of birth, nationality, passport number, numbers from other identity documents, and fingerprinting data, as well as a description of any conviction or of the circumstances giving rise to the belief referred to in paragraph 1.
3. The supplying Party may, in compliance with its national law, impose conditions on the use made of such data by the receiving Party. 4. If the receiving Party accepts such data, it shall be bound by any such conditions.
5. Where additional conditions have been imposed in a particular case the requested Party may require the requesting Party to give information on the use made of the evidence or information.
6. Generic restrictions with respect to the legal standards of the receiving Party for processing personal data may not be imposed by the sending Party as a condition under the previous paragraphs to providing data. 7. In addition to the personal data referred to in paragraph 2, the Parties may provide each other with non-personal data related to the offenses set forth in paragraph 1.
8. Each Party shall designate one or more national contact points for the exchange of personal and other data under this Article with the other Party’s contact points. 9. The powers of the national contact points shall be governed by the national law applicable.

Article12 Privacy and Data Protection

1. The Parties recognize that the handling and processing of personal data that they acquire from each other is of critical importance to preserving confidence in the implementation of this Agreement. 2. The Parties commit themselves to processing personal data fairly and in accord with their respective laws and: a) Ensuring that the personal data provided is adequate and relevant in relation to the specific purpose of the transfer; b) Retaining personal data only so long as necessary for the specific purpose for which the data were provided or further processed in accordance with this Agreement; and c) Ensuring that possibly inaccurate personal data is timely brought to the attention of the receiving Party in order that appropriate corrective action is taken.

3. This Agreement shall not give rise to rights on the part of any private person, including to obtain, suppress, or exclude any evidence, or to impede the sharing of personal data nor expand or limit rights otherwise available under domestic law.

Article 13 Limitation on processing to protect personal and other data

1. Without prejudice to Article 11, paragraphs 3, 4 and 5, the Parties may process data obtained under this Agreement:

a) For the purpose of its criminal investigations; b) For preventing a threat to its public security; c) In its non-criminal judicial or administrative proceedings directly related to investigations set forth in subparagraph (a); or