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EU: German Presidency admits Council is in a mess on draft Framework Decision on data protection in police and judicial matters and, unusually, is to ask Commission to prepare a "revised" proposal

01 January 2007

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See page 4, point 7 in Presidency Note for discussion at the Article 36 Committee on 25-26 January: EU doc no: 5435/07 (pdf)

The Commission submitted the proposal in October 2005, the European Data Protection Supervisor (EDPS) issued an Opinion in December 2005, the European Parliament agreed its report (with 60 amendments) in May 2006 and adopted it in September 2006, in November 2006 the EDPS issued a second critical Opinion and in December 2006 the European Parliament adopted a report saying that it intended to re-examine the issue as the Council had ignored its views. Between November 2005 and November 2006 the Council's Multidisciplinary Group on Organised Crime produced 29 reports - substantially changing the Commission proposal and ignoring the views of the EDPS and the European Parliament - without reaching agreement on the text.

Tony Bunyan, Statewatch editor, comments:

"It has to be hoped that the Commission when revising the proposal takes into account the views of the European Data Protection Supervisor and the European Parliament and not just those of the Council.

When it does return to the table the Council must give it to the Working Party on Data Protection and not to the working party comprised of law enforcement officials who have proved quite incapable of balancing their demands with the rights of citizens to meaningful data protection"

See for full background and documentation: Statewatch's Observatory on data protection in the EU

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