Tag Archives: Eu police cooperation

Cooperation in criminal matters: protection of personal data

Cooperation in criminal matters: protection of personal data

Outline of the Community (European Union) legislation about Cooperation in criminal matters: protection of personal data

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Cooperation in criminal matters: protection of personal data

Document or Iniciative

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters.

Summary

This framework decision aims to protect the fundamental rights and freedoms of natural persons when their personal data are processed for the purposes of preventing, investigating, detecting or prosecuting a criminal offence or of executing a criminal penalty. It concerns personal data that are processed in part or entirely by automatic means, as well as personal data forming part of a filing system that are processed by non-automatic means.

Data processing

The competent authorities of Member States may collect personal data only for specified, explicit and legitimate purposes. The processing of these data is permitted only for the purposes for which they were collected. Processing for other purposes is allowed only under certain circumstances or when certain appropriate safeguards are in place.

In principle, personal data that reveals a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership or concerns his/her health or sex life may not be processed. Their processing may be allowed only if it is absolutely necessary and if appropriate safeguards have been established.

Inaccurate personal data must be rectified and updated or completed if possible. Once the data are no longer needed for the purposes they were collected, they must be erased, made anonymous or, in certain cases, blocked. The need to store personal data must be reviewed regularly, with time limits set for their erasure.

The competent authorities of Member States must verify that the personal data to be transmitted or made available are accurate, up to date and complete. In order to be able to verify that the processing of data is lawful and to ensure the integrity and security of the data, their transmissions must be logged or documented.

Data transmission

Personal data received from another Member State are to be processed only for the purposes for which they were transmitted. In certain cases however, they may be processed for other purposes, for example for the prevention, investigation, detection or prosecution of other criminal offences, the execution of other criminal penalties or the prevention of threats to public security. The receiving Member State must respect any specific restrictions to the exchanges of data provided for in the law of the transmitting Member State.

Under certain circumstances, the receiving Member State may transfer personal data to third countries or to international bodies. To this end, the Member State that first made the data available must provide its consent. Only in urgent cases may data be transferred without a prior consent. Personal data may also be transferred to private parties in Member States for exclusive purposes, provided that the competent authority of the Member State from where the data was received has given its consent.

Rights of data subjects

The data subject is to be kept informed of any collection or processing of personal data relating to him/her. However, when data have been transmitted from one Member State to another, the first may demand that the second does not divulge any information to the subject.

The data subject may request to receive a confirmation on whether data concerning him/her have been transmitted, who the recipients are, what data are being processed, as well as a confirmation that the necessary verifications of that data have been made. In certain cases, Member States may restrict the subject’s access to information. Any decision restricting access must be given in writing to the data subject, together with the factual and legal reasons thereof. The data subject must also be given advice on his/her right to appeal such a decision.

The data subject may demand that personal data relating to him/her be rectified, erased or blocked. Any refusal to that end must be given in writing, along with information on the right to lodge a complaint or seek a judicial remedy.

Any person may demand compensation for the damages s/he has suffered due to an unlawful processing of personal data or any other act that is not compatible with this framework decision. In case a data subject’s rights are breeched, s/he has the right to a judicial remedy.

Safeguarding data processing

The competent authorities must take the necessary security measures to protect personal data against any unlawful form of processing. This includes accidental loss, alteration and unauthorised disclosure of, as well as access to, personal data. In particular, specific measures need to be taken with regard to the automated processing of data.

National supervisory authorities in Member States monitor and advise on the application of this framework decision. To that end, they are granted investigative powers, effective powers of intervention, as well as the power to pursue legal proceedings. For any infringements of the provisions of this framework decision, Member States must establish effective, proportionate and dissuasive penalties.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Framework Decision 2008/977/JHA

19.1.2009

27.11.2010

OJ L 350 of 30.12.2008

Standing Committee on operational cooperation on internal security

Standing Committee on operational cooperation on internal security

Outline of the Community (European Union) legislation about Standing Committee on operational cooperation on internal security

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Standing Committee on operational cooperation on internal security

Document or Iniciative

Council Decision 2010/131/EU of 25 February 2010 on setting up the Standing Committee on operational cooperation on internal security.

Summary

This decision creates a Standing Committee with the objective of facilitating, promoting and strengthening the operational cooperation of the relevant national authorities of the European Union (EU) countries in the field of internal security.

The Standing Committee will ensure an effective cooperation and coordination in areas covered by police and customs cooperation, and by external border control authorities. Where appropriate, it will also cover judicial cooperation in criminal matters when relevant to operational cooperation in the area of internal security. The Standing Committee will assess the efficiency of the operational cooperation, identify any failings and then recommend appropriate action to address the shortcomings. The Standing Committee will not be involved in the conducting of operations or in the preparation of legislative acts.

With regard to the occurrence of a terrorist attack or a natural or man-made disaster within the EU, the Standing Committee will assist the Council in accordance with the solidarity clause in Article 222 of the Treaty on the Functioning of the European Union (TFEU).

The Standing Committee will help ensure consistency in actions taken by Eurojust, Europol, the European External Borders Agency (Frontex) and other relevant bodies. These bodies, when appropriate, will be invited to attend the meetings of the Standing Committee as observers.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Council Decision 2010/131

25.2.2010

OJ L 52 of 3.3.2010

Approximation of the laws of the Member States

Approximation of the laws of the Member States

Outline of the Community (European Union) legislation about Approximation of the laws of the Member States

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Combating drugs

Approximation of the laws of the Member States (2)

To more effectively coordinate and improve the European Union’s strategy for combating illicit drug-trafficking and in particular to improve cooperation in criminal matters in this area.

2) Document or Iniciative

Council Resolution 97/C 10/02 of 20 December 1996 on sentencing for serious drug-trafficking [Official Journal C 10 of 11.1.1997].

3) Summary

Member States will ensure that their national laws provide for the possibility of custodial sentences for serious illicit trafficking in drugs that are within the range of the most severe custodial penalties imposed by their respective criminal law for crimes of comparable gravity.

The factors which might be taken into account regarding custodial penalties that might be applicable in relation to serious drug-trafficking could include, among other factors:

  • the extent of the trafficking,
  • the extent to which the person concerned has profited from the illicit traffic,
  • the involvement in the offence of an organised criminal group to which the offender belongs,
  • the extent to which the offender has control of the drug-trafficking organisation,
  • the victimisation or use of minors.

4) Implementing Measures

5) Follow-Up Work


Another Normative about Approximation of the laws of the Member States

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Justice freedom and security > Combating drugs

Approximation of the laws of the Member States (1)

Document or Iniciative

Joint Action 96/750/JHA adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking [Official Journal L 342 of 31 12 1996].

Summary

The Member States are to undertake to cooperate fully in the fight against drug addiction and endeavour to approximate their laws to make them mutually compatible to the extent necessary to prevent and combat illegal drug trafficking in the Union.

The Member States are to endeavour to make the practices of their police, customs services and judicial authorities more compatible with each other, thus making for closer European cooperation to prevent and combat illegal drug trafficking the Union.

The Member States are to undertake to combat illicit movements of narcotic drugs and psychotropic substances within the Community, including “drug tourism”.

The Member States are to ensure that under their legal systems the penalties imposed for serious drug trafficking are among the most severe available for crimes of comparable gravity.

The Member States are to endeavour to draft convergent legislation to the extent necessary to make up legal ground or fill legal vacuums as regards synthetic drugs. In particular, they will promote the establishment of a rapid information system to enable such drugs to be identified as substances liable to be prohibited as soon as they appear anywhere in a Member State.

The Member States are to undertake to adopt the necessary measures to effect a tangible increase in operational cooperation between police, customs services and judicial authorities in combating drug addiction and preventing and combating illegal drug trafficking.

The Member States are to ensure that their obligations under the United Nations Conventions on narcotic drugs and psychotropic substances of 1961, 1971 and 1988 are applied strictly and effectively.

The Member States are to undertake to take the most appropriate steps to combat the illicit cultivation of plants containing active ingredients with narcotic properties.

The Member States are to undertake, subject to their constitutional principles and the basic concepts of their legal systems, to make it an offence publicly and intentionally to incite or induce others, by any means, to commit offences of illicit use or production of narcotic drugs. They will be especially vigilant as regards the use made of on-line data services, in particular the Internet.

The Member States may maintain or introduce into their territory any additional measure they deem appropriate to fight drug addiction.

Related Acts

Note from the Council of 22 November 2004 on the EUfor the period 2005-2012 [15074/04 – Not published in the Official Journal].

of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking.

of 20 December 1996 on sentencing for serious drug-trafficking [Official Journal C 10 of 11.1.1997].

Police/customs agreements in the fight against drugs

Police/customs agreements in the fight against drugs

Outline of the Community (European Union) legislation about Police/customs agreements in the fight against drugs

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Customs

Police/customs agreements in the fight against drugs

Document or Iniciative

Council Resolution of 29 November 1996 on the drawing up of police/customs agreements in the fight against drugs [Official Journal C 375 of 12.12.1996].

Summary

To emphasise the need for a close working relationship between police forces and customs services, define their respective roles in the context of drug law enforcement activities and enable them to work together more effectively, the Council urges Member States to establish national legislative, regulatory and administrative provisions.

Agreements or other arrangements between police and customs services may contain, but need not be limited to, provisions in respect of the following matters:

  • the precise delineation of, and respect for, the competences of each of the two services, including responsibility for drug seizure and related evidence, questioning and detention of suspects, investigation and, where applicable, prosecution;
  • exchange and sharing of relevant intelligence information;
  • exchange of descriptions of drug traffickers’ modus operandi;
  • exchange of information on the application of risk analysis techniques;
  • exchange of liaison officers at headquarters level of the two services with a view to building up mutual trust and confidence;
  • putting in place close liaison arrangements at local level;
  • joint agreed press statements;
  • joint police-customs task forces, where appropriate, for intelligence and/or investigation purposes;
  • agreed police-customs procedures for operational matters involving both agencies and, where appropriate:
  • joint police-customs mobile patrol squads;
  • joint police-customs training programmes;
  • sharing of equipment by police and customs.

The agreements or arrangements referred to in the resolution may also be extended to include law enforcement agencies other than police and customs.

Related Acts

Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA [Official Journal L 256 of 1.10.2005].

The European Police College (CEPOL) is a cooperation network linking national training institutes for senior police officers. Its objective is to develop a common approach to the issues of crime prevention and the fight against crime through training, the setting-up of harmonised programmes and dissemination of best practice.

The EU drugs action plan (2005-2008) [Official Journal C168 of 8.7.2005].

The action plan sets out guiding principles to help Member States establish their priorities for combating drugs. The guidelines are based on five specific areas of action: coordination, reduction in demand, reduction in supply, international cooperation and information, and research and assessment.

Note from the Council of 22 November 2004 on the EU Drugs Strategy for the period 2005-2012 [15074/04 – not published in the Official Journal].

The main aim of the EU Drugs Strategy is to attain a high level of health protection and well-being by complementing the Member States’ action in preventing and reducing drug use and drug dependence.

Council Resolution of 17 December 2003 on training for drug law enforcement officers [Official Journal C 38 of 12.2.2004].

This resolution highlights the need to ensure greater alignment of training tools and methods for the training of drug law enforcement officers in the Member States. The Council urges the Member States to adapt their training to the constant changes in action on drugs and to exchange know-how and best practices.

Targeting criteria for controls and collection of customs and police information

Targeting criteria for controls and collection of customs and police information

Outline of the Community (European Union) legislation about Targeting criteria for controls and collection of customs and police information

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Combating drugs

Targeting criteria for controls and collection of customs and police information

More integrated use of customs and police information for efficient planning of law enforcement measures in combating drug trafficking.

2) Document or Iniciative

Joint Action 97/372/JHA of 9 June 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, for the refining of targeting criteria, selection methods, etc., and collection of customs and police information [Official Journal L 159 of 17.6.1997].

3) Summary

Member States’ customs authorities must strive to optimise the use of targeting criteria and structured selection methods, and the collection of customs and police information on the combating of drug trafficking. For this purpose they must take the measures set out at points 2 to 8, within existing judicial and practical possibilities.

Member States’ customs authorities should make more intensive use of information available from all business sectors concerned, notably the transport sector.

They should step up the mutual exchange of intelligence and information for the purpose of risk analysis by making greater use of the CIS (customs information system) electronic mailbox system, pending the operational development of the CIS database.

They should make greater use of all available European customs information systems regarding sea-, air-, land traffic and others (e. g. AIR-Info, BALKAN-Info, CARGO-Info, MAR-Info, YACHT-Info).

They should improve targeting procedures by organising international joint customs surveillance operations, as provided for in the revised arrangements on this area approved by the Council of 29 November 1996. Participation in such operations by third countries should be encouraged, where appropriate.

Member States’ customs, police and other law enforcement authorities should, as far as possible, intensify mutual exchanges of available intelligence and information. This should apply at national, European Union and international level and also include European Union and international institutions.

Member States’ law enforcement authorities should, where appropriate, analyse the intelligence and information available.

Member States’ customs authorities should draw up guidelines for best practice to encourage greater use of risk analysis techniques.

4) Implementing Measures

5) Follow-Up Work