WRITTEN QUESTION P-0108/02

by Kathalijne Buitenweg (Verts/ALE) to the Commission

(18 January 2002)

Subject: Safeguards when supplying personal data to third states and authorities

The recent agreement on far-reaching strategic and technical cooperation between Europol and the United States and the authorisation for the director of Europol, in exceptional cases, to exchange personal data with third countries and bodies are major steps towards more active cooperation between the European Union and the United States.

The wide range of judicial bodies in the USA eligible to receive such information and the potential differences between the American and European justice systems give grounds for concern. The European Parliament takes a strong interest in the protection of personal data and has been complaining about the lack of both parliamentary and judicial control ever since Europol first became operational. These shortcomings, combined with a lack of information about the cooperation agreements with the USA, render largely ineffective the provisions concerning the protection of personal data contained, for example, in Article 18 of the Europol Convention.

Will the Commission, as a member of Europol's Management Board with non-voting status, find out and report to me:

- which bodies in the USA request the use of personal data from the EU and of what nature the data are (i.e. whether they include data on individuals held on file by Member States);

- what operational agreements have been reached with the various US bodies concerning management of personal data, particularly as regards the purposes for which they may be used, the possibility of passing them on to third parties, and the period during which they may be processed, including storage of sensitive data derived from telecommunications traffic;

- what general or particular rules have been adopted to ensure that the US authorities or each of the bodies in question use data only for the purpose for which they have been provided, and what safeguards or means of verification and protection have been instituted.

Answer given by Mr Patten on behalf of the Commission

(22 February 2002)

The Commission is aware of the strong interest of the Parliament in the protection of personal data and of its views regarding the level of judicial and parliamentary control over Europol. In the near future, the Commission will present a Communication on the question of democratic control over Europol. The Commission regrets the impression of the Honourable Member that information to the Parliament on the co-operation agreements with the United States would be lacking.

A Co-operation Agreement between Europol and the United States was signed on 6 December 2001 by the Europol Director and the United States Ambassador to the Union. This Agreement is of a strategic nature and does not address or allow the exchange of personal data with the United States. The contact point for the United States responsible for the co-ordination of the Agreement is the American Department of Justice. The United States will provide Europol with a list of American law enforcement agencies and their competencies, with which Europol can co-operate.

The exchange of personal data between Europol and the United States is, in accordance with Article 18 of the Europol Convention, only possible if an adequate level of data protection is provided. In order to ensure this level of data protection and in accordance with the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies(1), a separate Agreement is necessary, laying down the provisions applicable to the transmission of personal data between Europol and the United States.

Also on 6 December 2001, the Council authorised the Europol Director to enter into negotiations with the American authorities on such an agreement. As required by Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-Union related bodies(2), the Europol Joined Supervisory Body provided a preliminary opinion, in which it already indicated some particular points that would require specific attention during the negotiations with the United States. However, the negotiations have not started yet. The questions raised by the Honourable Member concerning the exchange of personal data between the United States and Europol will be the subject of these negotiations and can, therefore, not be answered in detail at this stage.

The Council Act of 12 March 1999 (Article 2, paragraph 1(b)) entitles the Director of Europol to authorise exceptionally the transmission of personal data to a third country or third body under very limited circumstances and under the conditions laid down in Article 18 of the Europol Convention. On 28 September 2001, the Director of Europol took the decision to authorise the transmission of personal data to the United States for the purpose of investigating the terrorist acts committed on 11 September 2001.

(1) OJ C 88, 30.3.1999.

(2) OJ C 106, 13.4.2000.