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EU: Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters - Agreement on certain questions

01 September 2007

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EU doc no: 12154/07 (pdf) Actually this document is about disagreements over the scope of the measure - with a "substantial number" of governments opposed to bringing national data protection processing within its scope. Thus it would only apply to cross-border exchanges of personal data.

Secondly, the transfer of personal data received from another member state to third states (eg: the USA). All existing national bilateral agreements with third states are to stay in place (at the insistence of the USA). "Some delegations" want prior consent to be obtain for any such transfer outside the EU. A draft Article 14 seems to set out principles, like "adequate standards of protection" in the third state but this can be ignored at member state level where the transfer concerns "legitimate prevailing interests, especially important public interest etc" and "safeguards" (undefined) are agreed.

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

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