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EU Council of the European Union: Call to update the rules, procedure and data under the SFD (Swedish Framework Decision) allowing the exchange of data between law enforcement agencies in the EU

23 September 2014

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"The purpose of the SFD is to establish common rules on procedures, time limits and standard forms in line with which law enforcement authorities may exchange existing information and intelligence. Art. 2(d) of the SFD defines information and/or intelligence as "(i) any type of information or data which is held by law enforcement authorities; (ii) any type of information or data which is held by public authorities or by private entities and which is available to law enforcement authorities without the taking of coercive measures in accordance with Art 1(5)."

The definition, on the one hand, makes a distinction between data owners and, on the other hand, limits cross border information exchange in the case of data not held by law enforcement authorities in the sense that the requested Member State cannot be obliged to obtain these data by means of coercive measures."

See: Document, Limite, 13024-14 (17-9-14, pdf)

And see: EU: Council seeks information exchange amongst law enforcement authorities that is "swift, effective, simple and without unnecessary formal requirements" and: Widespread implementation of the "principle of availability" further eases information exchange amongst European police forces

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