The
Commission hopes this will complement last month’s proposal on the
retention of data by communication providers, making it easier for
Member States to cooperate in the international fight against
organised crime and terrorism.
Increased cooperation and information exchange have been on the
European agenda since 9/11 and have been given added impetus by the
Madrid and London bombings.
“Such cooperation necessarily implies the exchange of personal
data, indeed such exchange often proves vital in criminal
investigations,” said Vice President Frattini, Commissioner
responsible for freedom, security and justice. He also acknowledged
the need to respect "fundamental principles regarding data quality
and the legitimacy of data processing."
Current rules for the processing of personal data come
from the 1995 Data Protection Directive. But the Directive does not
apply to the processing of personal data in the course of
activities provided for within the framework of police and judicial
cooperation in criminal matters.
Nor does it apply to the processing of personal data in the
course of an activity which falls outside the scope of Community
law, including operations concerning public security, defence,
State security (including the economic well-being of the State when
the processing operation relates to State security matters) and the
activities of the State in areas of criminal law.
The new proposals, which will take the form of a Council
Framework Decision, are intended to cover these elements.
The Commission says the draft decision (which was not available
at the time of writing) includes strict rules on confidentiality
and security of processing, judicial remedies, liability and also
sanctions.
In particular it sets out a mechanism to ensure that personal
data are only transferred to those third countries and
international bodies that ensure an adequate level of data
protections. According to the Commission, derogations from this
principle will only be possible in very exceptional cases, notably
in order to prevent imminent serious danger threatening public
security or specific persons.
It also calls for strong, efficient but also cooperative
supervisory authorities, with an EU-level working party giving
advice to the Commission and the Member States.
The proposal will be presented at the Justice and Home Affairs
Ministers meeting next week.
Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please
contact us. See also: our
full disclaimer
