By Ángeles Gutiérrez Zarza
In the earlier 10 years, the Member States of the ecu Union (EU) have intensified their trade of data for the needs of stopping and struggling with critical cross-border crime, as manifested in 3 major facets.
Firstly, there's a have to make sure the sensible program of leading edge ideas (availability, mutual reputation) and ideas (Information administration method, eu info trade version) for tackling felony enterprises and networks that threaten the inner protection of the ecu.
Secondly, there was a steady consolidation of european enterprises and our bodies (Eurojust, Europol) aimed toward selling cooperation and discussion between cops and judicial professionals liable for combating and battling drug trafficking, trafficking in people, baby pornography, and different critical trans-national offences.
Thirdly, very important european details platforms and databases (Prüm, SIS-II, ECRIS) were created, allowing legislation enforcement and judicial experts to achieve entry to crucial details on felony phenomena and corporations.
Pursuing a practice-orientated strategy, this paintings offers complete assurance of a majority of these measures, in addition to the acceptable principles governing facts caliber, facts safeguard and knowledge defense. it truly is in particular meant for legislation enforcement and judicial professionals who have to improve the proper services for the sensible software of the above-mentioned rules. It additionally bargains a great foundation of functional education fabric for police education centres and judicial schools.
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Extra resources for Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe
On the one hand, Art. 39 TEU, which is applicable in the field of Common Foreign and Security Policy: In accordance with Article 16 of the Treaty of the Functioning of the European Union, and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regards to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data.
11. , p. 14. , parr. 45. 29 The Hague Programme: strengthening freedom, security and justice in the European Union, Council document 16054/04 JAI 559. Brussels, 13 December 2004. 31 This Programme also stated that: The methods of exchange of information should make full use of new technology and must be adapted to each type of information, where appropriate, through reciprocal access to or interoperability of national databases, or direct (on-line) access, including for Europol, to existing central EU databases such as the SIS.
Finally, the DP Framework Decision is not applicable for the processing and protection of personal data at national level [Recital (7)]. The Treaty of Lisbon introduced some relevant provisions into the EU Treaties that facilitated a comprehensive approach for the processing and protection of personal data in the European Union. 49 Council doc. 8321/98 JHA 15. JHA Council meeting on 5-6 June 2003. Council doc. 9845/03 (Presse 150), p. 32. 51 Proposal for a COUNCIL FRAMEWORK DECISION on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters.