Brussels, 20 November 2023
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New rules mean that facial images and police records can also be exchanged
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Common safeguards to ensure fundamental rights compliance and human review of matches
EP and Council negotiators have reached a political agreement on updating the framework for fingerprint, DNA and vehicle registration data and facial image searches across EU borders.
On Monday evening, negotiating teams from the European Parliament and the Council of the EU reached a provisional agreement on automated data searches between authorities investigating crimes in EU member states, currently based on the so-called Prüm Convention.
Faster exchanges covering new types of data
The new law would expand the scope of data searches (currently including DNA, fingerprint and vehicle registration data) between police, customs and other relevant authorities to facial images and police record index numbers of suspects and convicted criminals, if member states opt in to share these records. When a positive match is found, core data including names, birthdates and case numbers of criminal cases can be exchanged.
Also, the co-legislators agreed that data could also be exchanged to search for missing persons and identifying human remains, as well as for humanitarian reasons, including natural disasters, where this is permitted by national law. After an initial query has resulted in a match, it was agreed that data would have to be exchanged within 48 hours of the match, unless judicial authorisation requires a longer timeframe.
During negotiations, MEPs successfully pushed for human review of data matches, and a provision that facial images and police records can only be exchanged to investigate crimes carrying a prison sentence of at least one year. They also secured a due diligence clause ensuring that data exchanges fully respect fundamental rights, and a proportionality check on exchanges.
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After the vote, rapporteur Paulo Rangel (EPP, Portugal) said: “To have a Europe without internal borders, we also need to give law enforcement proper tools to fight cross-border crime. This long-awaited upgrade to the Prüm framework will allow the authorities to share vital evidence and data, including facial images and police records. At the same time, we have ensured that data exchanges are proportional and covered by strong safeguards, to boost security without undermining fundamental rights.”
Background and next steps
The EU’s current rules for automated data exchanges for investigating and preventing crimes are based on the Prüm Convention of 2005. In 2021, the Commission proposed so-called ‘Prüm II’ rules to expand and simplify data exchanges as part of the Police Cooperation Code package. It also included a proposal on information exchanges between law enforcement authorities, which was adopted by the European Parliament on 15 March 2023.
The informal agreement now needs to be approved by both Parliament and Council in order to become law. It will enter into force twenty days after its publication in the Official Journal of the EU.
EU Council on deal to advance police cooperation in Europe
Negotiators from the Spanish presidency of the Council and from the European Parliament have reached a political agreement on updating an EU law which facilitates automated data exchange for police cooperation.
Fighting crime is a joint interest and responsibility. Today’s deal will improve European citizen’s security when the police can quickly run searches for DNA, fingerprints, facial images, vehicle registration data and police records in law enforcement databases across Europe.
Fernando Grande-Marlaska Gómez, acting Spanish Minister for the Interior
Increased number of data categories
The existing framework – often referred to as Prüm I – allows law enforcement authorities to consult the national databases of other member states as regards DNA, fingerprint and vehicle registration data. If provided with a ‘hit’, authorities can then request the relevant data from their foreign counterparts.
The co-legislators agreed to broaden the data categories for which automated exchanges can happen. Once the updated law enters into force, police authorities will be able to also use the Prüm scheme to search for facial images and police records. Moreover, if allowed by national law, searches across all categories to find missing persons or identify human remains will also be possible.
If the database search results in a positive match, the country in question has to provide the relevant data (e.g. name, date of birth, criminal offence linked to the data) within 48 hours.
Modernisation of the IT-system
The new law also modernises the technical infrastructure that underpins the exchange of information. The new Prüm regulation will see a router put in place by eu-LISA (the EU agency in charge of large IT systems, such as the Schengen Information System) to facilitate the establishment of connections between member states (and Europol) in order to retrieve data. The router will consist of a search tool and a secure communication channel. The law enforcement authority that is searching for a match will submit its data (e.g. a fingerprint) to the router. The router will dispatch this request for a query to the databases of all other EU member states and Europol.
For automated searches of police records indexes, member states and Europol will use the European Police Records Index System (EPRIS).
Bigger role for Europol
Under the new rules, Europol – the EU agency that supports member states in the fight against organised and serious crime – will also be able to search national databases to cross-check information it has received from third countries.
Background
The proposal to update the Prüm legislation dates back to 8 December 2021. The goal is to reinforce, streamline and facilitate the exchange of information between member states and with Europol and to provide EU law enforcement authorities with enhanced tools to fight crime.
Next steps
The provisional agreement will now be submitted to member states’ representatives (Coreper) for endorsement. If approved, the text will then be formally adopted by both the Council and European Parliament.
The EU’s fight against organised crime (background information)
Source – EU Council
The Commission welcomes the political agreement on automated data exchange for police cooperation
The security of those living in Europe is a key priority for the Commission. To fight crime effectively, law enforcement authorities need to be able to exchange data in a timely manner.