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EDPS/06/2

Wednesday 1 March 2006

PRESS RELEASE

The availability principle:

EDPS wants the exchange of police information to be introduced more cautiously

The European Data Protection Supervisor (EDPS) has issued an Opinion on the proposal for a framework decision on the exchange of information under the principle of availability. Introduced by the Hague program, the principle of availability means that information that is available to law enforcement authorities in one Member State should also be made accessible for equivalent authorities in other Member States. The principle raises a number of data protection issues, notably because of the sensitivity of the data and the reduced control of the use of the information.

Peter Hustinx, EDPS, says: " The principle of availability can be justified; abolishment of internal borders calls for exchange of police information between the Member States. But one should keep in mind that this network will share sensitive data, and that sensitive data always require specific safeguards. We must not underestimate the risks of misuse, so let us introduce this gradually and cautiously."

The proposal for a framework decision has been analysed also in the context of other proposals that deal with the sharing of information in the combating of serious crime (such as the Prüm-Convention, signed in May 2005 by seven Member States). The EDPS uses the occasion to present some general points of view in the current debate and will be available for later and more detailed consultation.

In his opinion, the EDPS advocates a gradual introduction, starting with one type of data (and not six as proposed by the Commission), indirect access (index data of information that is not available on-line) and a hit/no-hit system, which would allow for more control of the exchange of information than a system based on direct access. It is essential that the availability principle is complemented by appropriate data protection rules in the field of justice and police cooperation.

The proposal addresses subjects like the availability for the police in other Member States of information that is not always in the hands of the police in the Member State of origin (such as telephone data or vehicle registration data), conditions for an introduction of a system of index data, and the use of DNA-profiles for the exchange of information.

The Opinion is available on our website:

http://www.edps.eu.int/legislation/Opinions_A/06-02-28_Opinion_availability_EN.pdf

For more information, please contact the EDPS Press Service at: +32 2 283 19 00

EDPS - the European guardian of personal data protection

www.edps.eu.int