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EU adopts Prum Treaty.


by Swartz, Nikki
Information Management Journal • Sept-Oct, 2007 • UP FRONT

The European Council of Ministers has agreed to allow all EU nations to share access to genetic records, fingerprints, and traffic offenses, as well as allow national police to operate across borders.

The decision essentially makes the controversial Prum Treaty, which had allowed law enforcement file sharing among the seven EU nations that had signed on, EU law. The Prum Treaty, signed in May 2005 by Belgium, Germany, Spain, France, Luxembourg, The Netherlands, and Austria, allowed the police forces of those countries to compare and exchange data more easily.

On June 12, the 27 member states passed a slightly revised version of the treaty into EU law--a move aimed at tracking down serious crime suspects and terror groups. The treaty is expected to be adopted by all 27 EU nations by the fall, after which they will have three years to amend their domestic laws to comply with the agreement.

Under the agreement, EUobserver.com reported, a member state can access the "reference data" in the DNA files of another member state, with the power to conduct automated searches by comparing DNA profiles. Signatories must open up DNA and fingerprint records to help "investigation of criminal offences." Reference data will not contain any information directly identifying a person although, in some cases, member states will also share suspects' personal data.

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, which co-authored the original Prum Treaty. But the original pact was revised a bit before all 27 EU nations would agree to it. The main opposition came from the United Kingdom and Ireland, who opposed a provision to allow police officers to cross borders without permission from the host country. That provision was removed. In addition, the new measures do not give foreign police "unfettered access" to databases, and foreign police will have no powers of arrest in Britain.

Even with the changes, the data-sharing agreement has been criticized. Some members of the European Parliament (MEPs) had expressed doubts about adopting the data-sharing pact because it was discussed at "dizzying speed."

The United Kingdom signed on, but in Britain, critics of the treaty condemned now-former Prime Minister Tony Blair for not using Britain's power of veto at the EU to block the agreement, named after the German town where it was first drafted.

"The implications of this treaty are far reaching and will affect all EU citizens," said Philip Bradbourn, Conservative justice and home affairs spokesman.

"We are sleepwalking into a Big Brother Europe while our government stands idly by," said Syed Kamall, a British Conservative MEP.

The agreement was not supported by the European Data Protection Supervisor, who opposed it because it will rely on local and possibly inconsistent data protection laws.

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


COPYRIGHT 2007 Association of Records Managers & Administrators (ARMA) Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.
Copyright 2007 Gale, Cengage Learning. All rights reserved. Gale Group is a Thomson Corporation Company.
NOTE: All illustrations and photos have been removed from this article.



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