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EU: Draft Framework Decision on data protection on police and judicial matters (update)

01 October 2006

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- 13918/06, dated 13 October 2006: Question on scope: Note to Article 36 Committee on the draft Framework Decision should cover only exchanges between member states (international) or domestic (national) processing as well. Six member states "have expressed doubts" as the measure covering domestic processing - Switzerland, Czech Republic, Denmark, Ireland, Sweden and UK. And:

- 13958/06, dated 16 October 2006: List provided by the General Secretariat of the Council on data protection provisions in other third pillar instruments. It does not cover the Schengen agreement whose provisions are stricter than the draft proposal. Most importantly, provisions in all other measures and proposals which refer to the Council of Europe Convention 1981 and Recommendation (87) 15 on the use of personal data in the police sector would automatically be replaced by the new DPFD (see Recital 25) - which, on the evidence of the current Council draft, will set far lower standards for those member states who sought to implement CoE standards.

See Statewatch Analysis by Tony Bunyan: EU data protection in police and judicial cooperation matters: Rights of suspects and defendants under attack by law enforcement demands (pdf)

Full-text documentation is available on Statewatch's Observatory on data protection in the EU

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