Ministers strike deal to share data between law enforcement agencies

EU justice ministers have after years of deliberations agreed that a law to protect data held by police and judicial bodies should apply only to information exchanged between member states.

Some countries, including France, Spain, Belgium and Luxembourg, had hoped that the law could also be applied to set standards for information held by national police and judicial bodies. But a group of member states, led by the UK, Ireland and Germany, opposed such a broad scope.

One diplomat said that the agreed draft was "better than nothing" and that a review clause after three years left open the possibility that the scope could be extended.

Another diplomat said: "It sets out in detail a long list of how law enforcement authorities should exchange data and we are happy with it."

The agreement was made on Tuesday (18 September) at a meeting of justice ministers, which settled certain aspects of the law, with certain technical areas left to be decided. The Portuguese presidency hopes to present ministers with a full draft for approval before the end of the year.

The law - known as the framework decision on data protection in the third pillar - also allows for police and judicial bodies to send to third countries information which has been passed on to them by other member states’ law enforcement agencies, provided they agree to it and that certain standards on handling the information are met.

But in urgent cases the information can be sent to third countries without the prior consent of the original police or judicial body which passed on the information first.

Sophie in ’t Veld, a Dutch Liberal MEP, said that such a caveat in the law was disappointing. "Every time they have such formulas…what are such exceptional circumstances and who decides?" she asked.

Tony Bunyan of Statewatch, a civil liberties group, said that limiting the law’s scope to cross-border exchange of data was also disappointing. "Everybody has been saying this should apply nationally - including the European Parliament, the European data protection supervisor and the European Commission - everyone that is except the Council of Ministers," he said.

Bunyan said that the law would allow member states to apply double standards to the way they handle information internally and in cross-border exchanges.

"It will mean they can collect data nationally under one set of rules and then apply it across borders under another set."

EU justice ministers have after years of deliberations agreed that a law to protect data held by police and judicial bodies should apply only to information exchanged between member states.