Criminal records: EDPS Opinion on exchange of information

Today, the European Data Protection Supervisor (EDPS) presents an opinion on the draft Framework Decision on Member States’ organisation and exchange of information in criminal records. Satisfied with the general approach to data protection in the proposal, the EDPS relates it to the draft Framework Decision on data protection in the third pillar. The EDPS puts forth a range of advice on how to improve the proposal, such as by further clarifying ownership of and responsibilities for the personal data. The EDPS also asks for more precise criteria for transmitting data to a third Member State for other purposes than criminal proceedings.

Peter Hustinx, EDPS, says: »An EU without internal borders clearly needs exchange of information from criminal records between Member States. However, this naturally raises a number of data protection concerns - notably so in the light of the recent affair where the criminal records of one country were reported to contain the names of some 2700 innocent people. My central message to the Council and the Parliament is that it is absolutely essential that they agree on the Framework Decision on data protection in the third pillar before they adopt this instrument».

Since the Framework Decision for data protection in the third pillar is not yet adopted, there are no general safeguards, which leads to legal uncertainty for European citizens. Only some articles in the present proposal deal with specific situations but that does not give the necessary protection.

The specific remarks of the EDPS concern, inter alia:

 The appropriate solution with a central authority, which ensures clear responsibilities in terms of handling the information as well as in terms of supervision by the national data protection authority.

 The recommendation to make it even more clear that the convicting Member State shall be considered as the «owner» of the personal data and that the Member State of the convicted person stores the data on the former’s behalf.

 That more precise criteria for transferring personal information to a third Member State for other purposes than criminal proceedings are developed.

 That a workable language regime is needed, and that a standardised format for exchange of information is developed and implemented within less than a year.

Source : Europa

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Opinion criminal records