Feeds

Police will share data across Europe

Against privacy chief's advice

The essential guide to IT transformation

European police forces will have easier access to each others' information on criminals and suspects after ministers agreed a new data swap system. But Europe's data protection chief told OUT-LAW that his concerns over the system had been sidelined.

Two years ago some European countries signed a deal called the Prüm Treaty, which enabled police forces to compare and swap data more easily. The EU has now adopted that as its own law, with minor alterations, giving countries three years in which to rewrite domestic laws in compliance with the agreement.

The Council of Ministers agreed the new deal at a meeting of justice and home office ministers this week. It will open up police databases, including DNA databases, to queries from all other EU nations.

The UK had previously resisted joining the Prüm Treaty, but was a signatory to the new EU deal. "The UK is happy to sign up to this because we think it will help law enforcement," said a Home Office spokeswoman.

The deal has been agreed against the advice of the European Data Protection Supervisor (EDPS), whose role is to advise Europe's governing bodies on privacy and data protection issues.

"It seems that council has not sufficiently taken my remarks into account," Peter Hustinx, the EDPS, told OUT-LAW.COM. "There will for instance be a lot of variation in the level of data protection afforded by different member states as the decision does not harmonise it, but relies very much on national law.

"I also read that the council has failed to agree on a framework decision that provides a high level of data protection for law enforcement purposes throughout Europe. This is particularly worrying as that decision should be considered as the ground on which the specific data protection provisions of the Prüm Treaty rely, both in terms of substance and for minimum harmonisation of national law," said Hustinx.

The agreement of ministers from all 27 member states paves the way for the deal to be written into the laws of all those countries.

"It will be published in the Official Journal of the EU and following that there will be three years for member states to adopt national legislation in accordance with decision," said a spokesman for the European Council.

"Member states have to adopt legislation on the basis of the decision," he said. "They can copy and paste it, it is self-explaining, not like a Directive, which contains only objectives. This agreement contains a huge amount of legislation concerning DNA data and data protection rules, it is self explanatory."

The essential guide to IT transformation

More from The Register

next story
Super Cali signs a kill-switch, campaigners say it's atrocious
Remote-death button bad news for crooks, protesters – and great news for hackers?
UK government accused of hiding TRUTH about Universal Credit fiasco
'Reset rating keeps secrets on one-dole-to-rule-them-all plan', say MPs
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
e-Borders fiasco: Brits stung for £224m after US IT giant sues UK govt
Defeat to Raytheon branded 'catastrophic result'
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Felony charges? Harsh! Alleged Anon hackers plead guilty to misdemeanours
US judge questions harsh sentence sought by prosecutors
prev story

Whitepapers

A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.