Support Our Work Mailing list About / Contact
  • Home /
  • News /
  • 2007 /
  • October /
  • EU: New draft of Framework Decision on data protection in police and judicial matters

EU: New draft of Framework Decision on data protection in police and judicial matters

01 October 2007

Support our work: become a Friend of Statewatch from as little as £1/€1 per month.

New draft: EU doc no 11365/2/07 REV 2 (pdf) and EU doc no: 13496/07 (pdf).

The latter document sets out "five political questions" for decisions within the Council. These include inserting a clause saying that: "This Framework Decision is without prejudice to essential national security interests and specific intelligence activities in the field of national security." (Art 1.4). Apparently "all delegations" accept that this data protection measure should not cover security services dealing with national security. It is noted that there can be extensive exchanges between the security agencies and the police. Tony Bunyan, Statewatch editor, comments:

"If the security agencies are not to be covered by this Framework Decision on data protection are they to be subject to another measure, or are they above the law?"

The draft, which has been "carefully crafted", also excludes law enforcement agencies when undertaking "intelligence activities in the field of national security" from the scope of the draft Framework Decision.

Another contentious provision is a watered down provision on "processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership and the processing of data concerning health or sex life". As the Council document notes the Commission proposal called for a strict "regime" (based on the Council of Europe Convention no 108) and laid down: "a general prohibition of the processing of this type of data". The Council's draft - mindful that their position will set a "standard": "which is likely be referred to in other contexts as well (e.g. PNR negotiations
with third countries)" proposes a lower "standard": "when this is strictly necessary and when the domestic law provides adequate safeguards".

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

Our work is only possible with your support.
Become a Friend of Statewatch from as little as £1/€1 per month.

 Previous article

EU: Specialists refuse to consider proposals to improve access to documents

Next article 

EU: Latest draft of data protection Framework Decision

 

Spotted an error? If you've spotted a problem with this page, just click once to let us know.

Report error

Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: MayDay Rooms, 88 Fleet Street, London EC4Y 1DH. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.

About | Contact | Privacy Policy