[e-privacy] [PRIVACY] Controversial data-sharing deal to get the go-ahead

[Andrea Glorioso]

http://euobserver.com/9/24244/?rk=1

Controversial data-sharing deal to get the go-ahead
12.06.2007 - 07:01 CET | By Renata Goldirova

EUOBSERVER /  BRUSSELS  - EU home  affairs  ministers are  set to give
their backing  to a data-sharing agreement that  would allow EU states
to give one another  automatic access to genetic records, fingerprints
and traffic offences  as well as see  national police operating across
borders.

Today  (12 June) the   27 member states   are expected to  approve the
transposition of the so-called Prum Treaty into EU  law-books - a move
aimed at tracking down serious crime suspects and terror groups.

Under the  deal,  a member state will  gain  access to the  "reference
data" in the DNA   files of another  member  state, with the  power to
conduct automated searches  by comparing DNA  profiles. Reference data
will not contain any information directly identifying the person.

In  some cases  such as  sport events   or European Council  meetings,
however, member states will also share personal data of the suspects.

In  addition, national police  may  enter another EU state's territory
and operate alongside their colleagues,   while carrying their   usual
service weapons and wearing their own national uniforms.

The initial  push for stronger EU-wide  security legislation came from
Germany,  the current  president  of the   bloc and co-author  of  the
original Prum  Treaty - signed in 2005  as a seven-nation pact between
Austria,   Belgium, France,  Germany,  Luxemburg, the  Netherlands and
Spain.

However, Berlin failed  to  secure  one-to-one transposition of    the
original document to  the  EU law  and some  important parts  will not
apply across the entire EU bloc.

The main  opposition    came from the   UK  and  Ireland,  traditional
advocates  of having full  control over the  sensitive area of justice
and home affairs.

Following  their opposition,  a  scheme to allow  hot  pursuit - where
police officers cross borders without  asking permission from the host
country - has been   removed. Apart from  that, the  new  slimmed-down
document does not     mention air marshals boarding   foreign  planes,
something also allowed under the Prum Treaty.

But  despite  the scope of the   data-sharing deal being significantly
reduced, the UK is trying to keep the back door open.

One UK  diplomat told EUobserver  London would like  to adopt the deal
under  the   so-called  "general approach"  decision-making  mechanism
instead of "political agreement". "Political  agreement means firm and
definitive yes",   a diplomat said, adding  the  country would like to
have  some room  for  change after  the  deal is  scrutinized by   its
parliament.

MEPs' reservations 

Meanwhile, some MEPs  have  also expressed  doubts  about the possible
adoption   of the   seven-nation data-sharing   pact,   saying it  was
discussed at "dizzying speed".

"The entire  process is a complete scandal",   a British liberal Sarah
Ludford said,  adding   the  deal has  been  "cooked  up  by  national
officials outside the EU...and laundered by the Brussels' machinery on
the basis of take it or leave it".

According to UK conservative MEP Syed Kamall "the PrŸm Treaty has been
a  dangerous  pet project   of  the German presidency.  In  forcing it
through, the Germans have ignored the views of the European Parliament
and the concerns of the EU data protection chief".

Mr Kamal  has called on the  British government to veto the proposals,
arguing that "we are sleepwalking into  a Big Brother Europe while our
government stands idly by."

MEPs have also urged the EU capitals to strengthen the confidentiality
of personal data under their new deal. Although some provisions of the
Prum  Treaty are protective, they  cannot be the  only data protection
umbrella, a French socialist MEP Martine Roure said.

But the governments - still enjoying full sovereignty over the justice
and home affairs  area - have turned down  MEPs' suggestions, with one
EU diplomat saying "any change would upset the balance of the treaty".

+++

Ciao,

--
      Andrea Glorioso || http://people.digitalpolicy.it/sama/cv/
          M: +39 348 921 4379	     F: +39 051 930 31 133
       "Truth is a relationship between a theory and the world;
       beauty is a relationship between a theory and the mind."
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