US warning over EU data protection laws

Author (Person)
Series Title
Series Details Vol.12, No.13, 6.4.06
Publication Date 06/04/2006
Content Type

By David Cronin

Date: 06/04/06

The US has complained that new EU data protection rules could have a "negative impact" on its relations with the Union's member states.

During discussions held over the past weeks, Washington has voiced what its officials describe as "serious concerns" about the decision on data protection in police and judicial co-operation proposed by the European Commission in 2005.

The US administration is perturbed by Article 15 of the proposal, which says that one EU state should not pass on data it receives from police or a judicial body in another member state to a third country unless the level of data protection in that country is adequate.

Authorities within the EU was required to carry out an assessment before each transfer of data to a third country or international body occurred. The assessment would examine the type of data involved, the purposes for which it was sought, the privacy rules applying in the country of destination and the duration for which the information would be kept.

Dutch Liberal MEP Sophia in 't Veld said there were "big question marks" over data protection in the US, as had been illustrated in the debate over transferring information on European airline passengers to the American authorities.

A representative of Austria's presidency sought to reassure the US, explaining that the agreements already in place would not be affected by the new rules.

A Commission official said that the US and EU would have an opportunity to discuss the issue at a 3 May ministerial meeting in Vienna.

On the other hand, Peter Hustinx, the European data protection supervisor, has expressed worries about a clause in the proposed decision allowing the requirement for assurances on the adequacy of data protection to be waived if there was an imminent danger threatening specific individuals or public safety. Hustinx said that such a waiver should carry a proviso that data would only be stored temporarily and for clearly defined purposes.

US officials criticised the Union over several other issues at a Vienna meeting with EU counterparts in March.

According to an unpublished account of those talks, the US side complained about data protection rules applying to the South East European Co-operative Initiative (SECI), a body dedicated to fighting crime in the Balkans. The American officials said the privacy regime "contemplated for SECI seems to replicate the excessively cumbersome rules on data protection" applying to Europol, the EU's police co-operation office.

The US side also voiced "deep regret" that an FBI officer was denied access to a December 2005 meeting organised by Europol on "travelling Jihadists". Euro-pol has explained that an amendment to the convention governing its activities that would allow third countries to take part in discussions about its operations still has to be ratified by some of the EU's member states.

Tony Bunyan from the civil liberties group Statewatch said that the member states should be more open about their dealings with the US. "The USA is not a member of the EU, yet it is seeking to have an influence over policymaking in the EU," he added. "We have a right to know what is going on."

Article reports on disputes surrounding proposed EU legislation on the passing on to third countries of information in judicial and police co-operation. The US criticised data protection requirements concerning third countries included in the European Commission's proposal of 4 October 2005 for a Council Framework Decision. Article also features comments by the European Data Protection Supervisor.

Source Link http://www.european-voice.com/
Related Links
European Commission: PreLex: COM(2005)475, Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters, 4.10.05 http://ec.europa.eu/prelex/detail_dossier.cfm?CL=en&ReqId=0&DocType=COM&DocYear=2005&DocNum=0475

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