| Author (Person) | Cronin, David |
|---|---|
| Series Title | European Voice |
| Series Details | Vol.11, No.10, 17.3.05 |
| Publication Date | 17/03/2005 |
| Content Type | News |
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By David Cronin Date: 17/03/05 PETER Hustinx, the European Data Protection Supervisor (EDPS), has concluded that plans to set up an EU register of criminal records do not comply with the European Convention on Human Rights. Hustinx says the proposal for a criminal records register does not fulfil the right to privacy clause in the European Convention on Human Rights. He confirmed that the EU executive had not requested his views on the proposal, despite "a legal obligation on the Commission to seek the advice of the EDPS whenever the protection of personal data is involved". "It would be better if they had done it and I think they will do it next time," he said. Hustinx said he was "sensitive to the urgency" for improvements in police and judicial co-operation and accepted there was a need for data exchange on serious crimes. Yet the proposal provides for information to be shared on minor offences, including violations of traffic rules. There is no evidence, he believes, that the 1959 European Convention on Mutual Legal Assistance in Criminal Matters is not "effective enough" in cases other than serious crime like murder. Before a substantial data exchange takes place, he feels that common rules are required on safeguarding the rights of individuals. "If you embark on a large-scale exchange of information and do not provide for at least a minimum degree of harmonisation, then a lot of things can go wrong," he added. Hustinx, previously head of the Dutch national data protection authority, took up his duties as supervisor in February 2004. His work is defined in a 2001 EU regulation providing for an independent body overseeing compliance of EU institutions with data protection standards. In the opinion written on his own initiative, Hustinx argues that the scope of offences to be included in the register is too wide and that "no thorough" assessment on the implications for data protection has been carried out. The Commission's blueprint was drafted to remedy deficiences in information-sharing between law enforcement agencies, highlighted in the case of child killer Michel Fourniret. Although the forester was a convicted sex offender in France, he was able to evade arrest for years by crossing the French border into Belgium, before being apprehended in 2003. Friso Roscam-Abbing, the Commission's spokesman on justice, freedom and security, said that the national data protection rules of EU member states are "fully respected" in the proposal. He said that it is "particularly important" that data can be exchanged in cases where a criminal seeks a job that would involve contact with children, for example, "in order to avoid situations like the Fourniret case". Tony Bunyan, from civil liberties group Statewatch, said it would be unfortunate if Hustinx's observations were not heeded by the Commission and Council of Ministers. Hustinx is to publish a policy statement, outlining how he envisages his role should evolve, together with his first annual report on 31 March. Last year he sided with the European Parliament in its battle with the other main EU institutions over a transatlantic accord on handing over airline passenger data to the US authorities. MEPs decided to refer the dossier to the European Court of Justice, with Hustinx offering to make a submission in support of their legal action. He is awaiting a response from the Luxembourg-based court. Peter Hustinx, the European Data Protection Supervisor (EDPS), concluded that plans to set up an EU register of criminal records did not comply with the European Convention on Human Rights. Hustinx said the proposal did not fulfil the right to privacy clause in the Convention. |
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| Subject Categories | Internal Markets, Justice and Home Affairs, Values and Beliefs |
| Countries / Regions | Europe |
