EU reaches agreement on expanding automated exchange of police data

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The European Council, the European Parliament and the European Commission have reached a provisional agreement on the Prüm II regulation. As part of this, it should become possible to automatically exchange more types of data between different police forces in the EU.

The Prüm II Regulation also allows mugshots or biometric photos of suspects or convicted criminals to be exchanged between EU countries, after which they can be used, for example, for automatic comparison of faces. Police reports may also be shared under the new law. The 2005 Treaty of Prüm already allowed DNA data, fingerprints and vehicle registration data to be exchanged with other EU countries, but the number of categories is now being expanded.

In addition, it is possible for police services to exchange data in the event of missing persons and the search for remains, if this is permitted by national law. Under the existing framework, authorities can only automatically compare data in databases of other EU members without knowing which personal and/or case data belong to them. Only if a match has been found, it is possible to request the associated data.

This ‘hit-no-hit’ principle is now partly being swept aside, as authorities are now allowed to search all categories to find missing persons without first obtaining an automated match. Names, dates of birth and case numbers from criminal proceedings may still only be exchanged after a positive match. If there is a positive match, the country in question must provide the relevant data within 48 hours.

Furthermore, the intention is to set up a central router so that connecting the databases of the different Member States is simplified, the EU says. The router must consist of a search tool and a secure communication channel. The entity looking for a match will have to send its data, such as a fingerprint, to the router in the future. This will automatically forward the search request to the databases of other EU countries. A European Police Records Index System is being set up for the automated search and exchange of international police data.

Under the new legislation, Europol will also have access to national databases to check information. However, these data may only be compared to solve crimes that carry a prison sentence of at least one year. This agreement still needs to be approved by the representatives of the Member States. Only then will the regulation be officially adopted by the European Council and the European Parliament.

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