Hustinx attacks Prüm treaty over lack of transparency

Peter Hustinx, the EU’s data protection supervisor, has criticised the way the German presidency put forward a proposal on police information exchange saying it lacked democratic process and transparency.

The Prüm treaty, as the proposal is known, was negotiated outside the EU by seven member states and is currently being introduced into EU law. Hustinx takes issue with Germany’s resolve not to make too many dramatic changes to the text, as negotiated by the original seven states, and says that "as a result, the other members are denied a real say in the choice of rules". "They can only choose between participating and not participating," he said.

He adds, in an opinion: "It is unfortunate that this procedure has been followed. It denies all need for a democratic and transparent legislative process."

All member states agreed at a meeting of interior ministers in February to adopt the parts of the treaty involving exchange of DNA, fingerprinting and vehicle registration numbers. But the UK and Ireland opposed allowing police forces to enter another state’s territory as part of a "hot pursuit". Ministers will consider giving the UK and Ireland an opt-out on this at a meeting next week (20 April).

Hustinx also criticised the treaty for not mentioning specifically what individuals would have their DNA stored and whether it would just be suspects and convicts or also witnesses. He said that the proposal should not be approved before the adoption of a law to protect data held by police forces, currently languishing in the Council of Ministers because of divisions between member states.

• Justice ministers are expected to agree to a proposal next week which will set minimum punishments for inciting racism and xenophobia and outlaw the denial of crimes against humanity such as the Holocaust and Rwandan genocide. New member states had been pushing for the proposal to include references to Stalinist-era crimes but these will instead form a political declaration alongside the proposal. Sweden, the UK, Denmark, Ireland and Finland are also expected to get their request for the deletion of a paragraph which would have required member states to help investigate and prosecute individuals charged with an incitement to hatred crime in one member state even if it wasnot an offence in their own state.

Ministers will also discuss a proposal to determine which divorce law should apply when applicants are from different member states or are resident in different states. The European Commission will also present a proposal on penalising employers for hiring illegal immigrants.

Peter Hustinx, the EU’s data protection supervisor, has criticised the way the German presidency put forward a proposal on police information exchange saying it lacked democratic process and transparency.