House of Lords - European Union

Select Committee on European Union Eighteenth Report

APPENDIX 6: COMPARATIVE TABLE OF INSTRUMENTS ON THE EXCHANGE OF INFORMATION

Title of instrument	Subject Matter	Type of data/information
Principle of availability: Draft Framework Decision on the exchange of information under the principle of availability (COM(2005) 490 of 12 Oct 2005)	Determines the conditions and modalities under which Member States' competent law enforcement authorities, and Europol, would be given online access to databases in another Member State under the same conditions as the equivalent law enforcement authorities in that State have access to their own databases.	DNA profiles Fingerprint data Ballistics Vehicle registration data Telephone numbers and other communications data Minimum data for the identification of persons contained in civil registers
Swedish initiative: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between Member States' law enforcement authorities	Sets up an enhanced mutual assistance procedure for the exchange of law enforcement information.	All information and intelligence which is held by, or available to, law enforcement authorities (except where the request for information would involve the application of coercive measures, but including information which requires judicial authorisation subject to that authorisation being given)
Prüm Decision: Draft Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (Doc 7273/07 of 14 March 2007)	Determines the conditions and modalities for cross-border searches and comparison of law enforcement data.	DNA analysis files Fingerprint data Vehicle registration data Personal and non-personal data in connection with major international events

Procedure for exchange	Access and processing bodies	Data protection regime
Competent law enforcement authorities in one Member State would be given direct online access to other Member States' databases. Alternatively, if the information is not available online, then it would be possible to consult index data online, and in the event of a hit to obtain supplementary information in the knowledge that the information exists. There are limited grounds for refusal.	Equivalent police, customs and other competent authorities in all Member States (under specific criteria for ascertaining equivalence), and Europol.	Once adopted, the Data Protection Framework Decision (DPFD) (Draft Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters)
On request, by completing the specific forms provided (Annexes A and B to the Decision). On these forms the requesting and requested authorities are to indicate, among other matters, urgency of the request, type of criminal activity being investigated, what information or intelligence is being requested, reliability of sources, accuracy of information, reasons for any delays etc. There is an obligation to provide information, subject to limited grounds for refusal, within specific time limits.	Any competent law enforcement authority as designated, i.e. national police, customs or other authority authorised by national law to detect, prevent and investigate offences and take coercive measures in the context of such activities (excluding those dealing with national security issues).	Information and intelligence exchange is subject to the national data protection provisions of the receiving state; personal data must be protected in accordance with the Council of Europe 1981 Convention for the protection of individuals with regard to automatic processing of personal data and, for Member States which have ratified it, the 2001Additional Protocol regarding supervisory authorities and cross-border flows of data; account should be taken of Recommendation R(87) 15 of the Council of Europe on the use of personal data in the police sector.
Member States' authorities are granted online access to one another's databases to search or compare data on a hit/no hit basis. In the case of a hit the next step is to seek related personal data from the Member State administering the file and, where necessary, request further information through mutual assistance procedures, including the procedure set out in the Swedish initiative. When a match is found, there is an obligation to supply further information to the requesting State's contact point.	Designated national contact points.	Level of protection at least equal to the Council of Europe 1981 Convention and 2001 Additional Protocol regarding supervisory authorities and cross-border flow of data; account should be taken of Recommendation R(87) 15. Specific provisions on data processing apply, i.e. purpose limitation, accuracy, storage etc.