Protection of personal data within the framework of police and judicial cooperation

Abstract

The European Union has set itself the objective to maintain and develop the Union as an area of freedom, security and justice; a high level of safety shall be provided by common action among the Member States in the fields of police and judicial co-operation in criminal matters. Common action in the field of police cooperation according to Article 30(l)(b) of the Treaty on European Union and common action on judicial cooperation in criminal matters according to Article 31(1)(a) of the Treaty on European Union imply the necessity of the processing or relevant information which should be subject to appropriate provisions on the protection of personal data Legislation falling within the ambit of Title VI of the Treaty on European Union should foster police and judicial cooperation in criminal matters with regard to its efficiency as well as its legitimacy and compliance with fundamental rights, in particular the right to privacy and to protection of personal data processed for the purpose of preventing and combating crime can contribute to achieving both aims. The exchange of personal data in the framework of police and judicial cooperation in criminal matters, notably under the principle of availability of information as laid down in the Hague Programme, should be supported by clear binding rules enhancing mutual trust between the competent authorities and ensuring that the relevant information is protected in a way excluding any obstruction of this cooperation between the Member States while fully respecting fundamental rights of individuals. Existing instruments at the European level do not suffice. Directive 95/46/EC of the European Parliament and of the Council of 241h October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data does not apply to the processing of personal data in the course of an activity which falls outside the scope of Community law, such as those provided for by Title VI on the Treaty on European Union and in any case to processing operations concerning public security, defence, State security and the activities of the State in areas of criminal law. Currently a draft proposal is being discussed on the protection of personal data within the third pillar of the TEU. Thus this dissertation is going to focus on the cross-border transmission of personal data between Member States and also to third countries.