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EU: Letter and Comments from EU Data Protection authorities to the Portuguese Council Presidency on draft Framework Decision on personal data in police and judicial issues

01 November 2007

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- Letter (pdf)

- Comments (pdf)

The Working Party on Police and Justice - nominated by the Conference of European Data Protection Authorities observes that:

"the European States committed themselves to fully complying with Council of Europe Convention 108 of 1981 whose binding principles also cover the activities in the police and law enforcement field. Those principles were subsequently complemented by the adoption by the Committee of Ministers of a specific Recommendation (R (87) 15) regulating the use of personal data in the police sector, and by two Additional Protocols... [and] it is especially urgent to ensure that the level of protection to be afforded should not be lower than that currently set out in the existing and binding legal instruments.

The WPPJ stresses that for certain aspects the current text of the proposal does not provide for the same level of protection as defined in Convention 108. This certainly seems to be the case with the provision on the further use of data received from a Member State (Articles 3 and 12) and the right of access (Article 17)."

These Articles concern proportionality and purpose and most crucially the fact the the individual will only have access to the data held on them (subject to many exceptions) if they make a formal request (Article 12) rather than being informed automatically that data on them is being processed and further transmitted.

Latest Draft of the Framework Decision on the protection of personal data in police and judicial matters (EU doc no: 14119/07, dated: 23 October 2007, pdf)

For full background and documentation see: Statewatch's Observatory on data protection in the EU (link)

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