| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2016) 237 final (29.4.16) |
| Publication Date | 29/04/2016 |
| Content Type | Policy-making |
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A High Level Contact Group ("HLCG"), composed of senior officials from the Commission, the Council Presidency and the U.S. Departments of Justice, Homeland Security and State, was established in November 2006 to explore ways that would enable the EU and the U.S. to work more closely and efficiently together in the exchange of law enforcement information while ensuring that the protection of personal data and privacy are guaranteed. The conclusion reached in the HLCG final report of October 2009 was that an international agreement binding both the EU and the U.S. to apply agreed common data protection principles for transatlantic data transfers in the law enforcement area was the best option: it would offer the advantage of establishing the fundamentals of effective privacy and personal data protection governing any exchange of law enforcement information and would provide the highest level of legal certainty. On 3 December 2010, the Council adopted a decision authorising the Commission to open negotiations on an agreement between the European Union and the United States of America on the protection of personal data when transferred and processed for the purpose of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police cooperation and judicial cooperation in criminal matters (hereinafter referred to as "the Umbrella Agreement"). On 28 March 2011, the Commission opened negotiations. On 8 September 2015, the Parties initialled the text. The Umbrella Agreement establishes (for the first time ever) a comprehensive framework of data protection principles and safeguards when personal information is transferred for criminal law enforcement purposes between the U.S., on the one hand, and the EU or its Member States on the other. The double objective is to ensure a high level of data protection and, thereby, enhance cooperation between the parties. Whilst not being itself the legal basis for any transfer of personal information to the U.S., the Umbrella Agreement supplements, where necessary, data protection safeguards in existing and future data transfer agreements or national provisions authorising such transfers. This represents a very substantial improvement compared to the present situation where personal information is transferred across the Atlantic on the basis of legal instruments (international agreements or domestic laws) that generally contain no or only weak data protection provisions. The Umbrella Agreement is expected to have a significant impact on police and law enforcement cooperation with the United States. By establishing a common and comprehensive framework of data protection rules and guarantees, it will enable the EU or its Member States, on the one hand, and U.S. criminal law enforcement authorities on the other hand to cooperate more effectively with each other. Moreover, it will ensure that existing agreements contain all necessary protections. This will enable continuity in law enforcement cooperation while ensuring greater legal certainty when transfers are made. The Agreement will also facilitate the conclusion of future data transfer agreements with the U.S. in the criminal law enforcement sector, as data protection safeguards will have been agreed and will thus not have to be negotiated again and again. Finally, setting common standards in this key but complex area of cooperation is an important achievement that can significantly contribute to restoring trust in transatlantic data flows. |
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| Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:237:FIN |
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| Subject Categories | Justice and Home Affairs |
| Countries / Regions | Europe, United States |
