Highlights
– July 2, 2008, European Union (EU) leaders declare 27-member bloc may strike deal with United States in 2009, ensuring data privacy in battle against crime and terrorism
– Agreement would be breakthrough for US counter-terrorism officials
– EU continues to combat rising Islamist extremism across the region
In July 2008, members of the European Union (EU) announced the forthcoming possibility that leaders may strike a deal with the United States (US) to ensure data privacy will be upheld amid a new information-sharing agreement between the two, for use in the fight against crime and terrorism. The agreement would be made in 2009 and follows a previous agreement forged in June 2008 when members agreed to 12 guiding principles on the subject.
Commenting on the agreement, Commission Director-General, Jonathan Faull, stated, “The work is not over yet, there’s still more to be done, but we may look forward I think, if things continue to go well, to an international agreement probably some time next year.”
As we previously reported, Europe continues to face an increasing risk of terror attacks (Previous Reports). The aforementioned measures, coupled with the October 2007 appointment of EU counter-terrorism coordinator, Gilles de Kerchove d’Ousselghem, may prove marginally successful in combating terrorism. However, we remain doubtful these measures will serve to better prevent against future terrorists targeting EU member states.
EU-US Leaders Forge Agreement
On July 2, 2008 EU leaders announced a much-awaited plan might be officially in the works. According to a New York Times report, both sides are close to completing the deal, a considerable breakthrough for US counter-terrorism officials currently facing stringent European privacy protection laws. To this end, access to sensitive data such as credit card transactions, previous travel itineraries, and Internet habits, were mostly beyond the reach of US officials seeking to thwart potential terror attacks, however, now may be instrumental in a new era of counter-terrorism efforts.
Following the announcement, Commission Director-General, Jonathan Faull said the two sides were “70-80 percent there” in terms of reaching a point wherein formal discussions may begin. According to Faull, a key issue still under debate centers on the assurance that EU citizens will have the same rights as US citizens and, should data be misused, permanent residents will be permitted to bring civil litigation against US authorities under the standing US privacy act. Faull stated, “We remain to be convinced that that is fully the case with the privacy act remaining as it is today.”
EU lawmakers and human rights advocates remain opposed to the measure as they are unconvinced as to the necessity of the plan, citing police data sharing is a sensitive issue and violates private citizens’ rights. However, while both sides desire to push police data sharing, it remains a highly sensitive issue. Further, leaders assert law enforcement officials must cooperate on data privacy in order to build trust.
Among the principles of the data-sharing measure already agreed to, information revealing an individual’s racial or ethnic origins, religious, political, or philosophical beliefs, and health may not be processed unless domestic legislation provides “appropriate” safeguards.
Outlook
Despite internal infighting, in the face of an increasing threat of terrorist attacks, EU officials appear committed to enacting enhanced counter terrorism measures on their soil. To this end, the information-sharing measure will likely contribute to increased cooperation among law enforcement officials. However, as we have continued to report, Europe continues to face an increasing risk of terror attacks (Previous Reports). The aforementioned measures, coupled with the October 2007 appointment of EU counter-terrorism coordinator, Gilles de Kerchove d’Ousselghem, may prove marginally successful in combating the ill effects of terrorism. However, we remain doubtful these measures will overall serve to better prevent future terrorists targeting EU member states.
