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The Council of the European Union disscused again in its Justice and Home Affairs Council meeting on 12-13 June 2007 the Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters, without making any clear steps for its adoption or taking into consideration the European Data Protection Supervisor (EDPS) comments.
The conclusions of the Council meeting note that the new framework decision will be based on the Council of Europe established minimum data protection principles set by the Convention of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data and its Additional Protocol of 8 November 2001, including Recommendation (87)15 regulating the use of personal data in the police sector.
It also announced that it would "examine all solutions suggested by the European Parliament" that voted in favour of amendments that would provide stronger data protection, and expects "to reach a political agreement on the proposal as soon as possible and at the latest by the end of 2007."
The Council conclusions did not give any consideration to the opinions expressed earlier this year by the EDPS that advised against adopting the proposal considering it failed to provide appropriate data protection.
EDPS reacted also to the latest conclusions by making an appeal to the Portuguese presidency of the European Union in a public letter sent to the Ministers for Justice and Interior . Peter Hustinx showed his concern that a number of agreements on new anti-terrorist measures have been concluded without fully considering the impact on fundamental rights. "I fear that messages such as 'no right to privacy until life and security are guaranteed' are developing into a mantra suggesting that fundamental rights and freedoms are a luxury that security can not afford. I very much challenge that view and stress that there should be no doubt that effective anti-terror measures can be framed within the boundaries of data protection" said Hustinx.
EDPS expresses his concern that such a negative approach to individual privacy rights reveals an apparent lack of understanding of the framework of human rights law. This framework has always allowed for necessary and proportionate measures to combat crime and terrorism. This negative approach also ignores the lessons learned about the abuse of fundamental rights from dealing with terrorism within Europe's borders over the last 50 years.
EDPS also considered that its relationship with the Council of the European Union needs further improvement. Consequently, he makes himself available as an advisor on all matters concerning personal data processing so that the Council may adopt effective and legitimate new policies.
The delay in adopting the Council Framework Decision has been criticized also by the European Commission, through Vice-president Franco Frattini, responsible for Justice, Freedom and Security that "regrets that the Framework Decision is not yet adopted, in particular because the Commission's proposal for the Framework Decision was already tabled in 2005 and it only establishes a minimum level of harmonisation of data protection principles."
The Commission also encouraged the Council to give priority to the discussions on the Framework Decision in order to reach a political agreement on the this act as soon as possible.
Council Conclusions concerning the Council Framework Decision on the
protection of personal data processed in the framework of police and
judicial co-operation in criminal matters (12.06.2007)
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/jha/9...
Data protection - Proposal for a Framework Decision on the protection of
personal data processed in the framework of police and judicial cooperation
in criminal matters (12.06.2007)
http://www.europa.eu/rapid/pressReleasesAction.do?reference=IP/07/808
Presidency work programme and the protection of individuals with regard to
the processing of personal data and the free movement of such data
(11.06.2007)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/...
EDPS letter to incoming Portuguese presidency: fundamental rights are not
captives of security (12.06.2007)
http://www.europa.eu/rapid/pressReleasesAction.do?reference=EDPS/07/6
EDRI-gram: The European Parliament voted for stronger data protection
(6.06.2007)
http://www.edri.org/edrigram/number5.11/ep-data-protection-police
EDRI-gram: EDPS advises against new data protection framework decision
(9.05.2007)
http://www.edri.org/edrigram/number5.9/edps-framework-decision