Council framework on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

Summary

The European Union aims to maintain a high level of safety within its area of freedom, security, and justice through police and judicial cooperation, necessitating appropriate personal data protection. This Framework Decision ensures that data processing for crime prevention, investigation, detection, or prosecution adheres to common standards, bolstering trust among Member States. It complements the Hague Programme’s call for innovative cross-border data exchange with stringent data protection.

The Decision clarifies that existing EU instruments, such as Directive 95/46/EC, do not cover criminal law activities and establishes rules for data accuracy, archiving, and further processing, including administrative and third-party transfers under strict conditions. It emphasizes Member States’ responsibility to align national data protection standards with this Framework Decision while allowing for higher safeguards.

Supervisory authorities in Member States will oversee compliance, ensuring transparency and protecting individuals’ rights without compromising police or judicial operations. The Decision also respects existing data protection agreements and conventions, reinforcing the Union’s commitment to fundamental rights while fostering efficient law enforcement cooperation.