<http://www.examiner.com/law-enforcement-in-national/us-eu-to-discuss-new-ag
reement-to-fight-terrorism-and-crime>
http://www.examiner.com/law-enforcement-in-national/us-eu-to-discuss-new-agr
eement-to-fight-terrorism-and-crime

 

 


Jim Kouri <http://www.examiner.com/law-enforcement-in-national/jim-kouri> 


US, EU to discuss new agreement to fight terrorism and crime


.         December 8th, 2010 6:42 am ET

European Union justice ministers on Friday urged the beginning of talks
between the EU and the United States on a personal data protection agreement
when cooperating to fight terrorism and crime.

 

According to a report obtained by the National Association of Chiefs of
Police, the goal is to create a high level of protection of personal
information like passenger data or financial information that is transferred
as part of transatlantic cooperation in anti-terrorism and  criminal
matters. Once in place, the agreement would enhance citizens' rights to
access, rectify or delete data when it is processed with the aim to prevent,
investigate, detect or prosecute criminal offenses, including terrorism.

 

"Protection of personal data is a fundamental right for EU citizens," said
European Commission Vice-President Viviane Reding, the EU's Justice
Commissioner in a press statement.

"To guarantee this right, we need to be ambitious in our approach to
personal data protection - both at home and abroad. Today's decision gives
us the green light to negotiate a solid and coherent agreement with the
United States which balances enforceable rights for individuals with the
strong cooperation we need to prevent terrorism and organized crime. I look
forward to meeting my US counterparts in Washington next week to kick start
these important negotiations," she announced.

Since September 11, 2001 and subsequent terrorist attacks in Britain, Spain
and other nations, the EU and United States have stepped up police and
judicial cooperation in criminal matters. Sharing relevant information is an
essential element of effective cooperation in the fight against crime - both
within the EU and with the US. According to US law enforcement and
intelligence officials, one important element is the transfer and processing
of personal data for the prevention, investigation, detection or prosecution
of crimes, including terrorism.

The EU and US are both committed to the protection of personal data and
privacy, according to the US State Department. However, each nation still
has a different approach in protecting personal data, leading to some
controversy in the past when negotiating information exchange agreements
(such as the Terrorist Finance Tracking Program or Passenger Name Records).
The purpose of the negotiations approved Friday is also to address and
overcome these differences, according to European Commission officials.

The European Commission adopted the draft mandate for negotiating such an
agreement on May 26, 2010. Following Friday's decision by EU Justice
Ministers, the Commission now has a mandate to negotiate an umbrella
agreement for personal data transferred to and processed by competent
authorities in the EU and the US.

The mandate aims to achieve an agreement which:

*       Provides for a coherent and harmonized set of data protection
standards including essential principles such as proportionality, data
minimization, minimal retention periods and purpose limitation;
*       Contains all the necessary data protection standards in line with
the EU's existing data protection rules, such as enforceable rights of
individuals, administrative and judicial redress or a non-discrimination
clause;
*       Ensures the effective application of data protection standards and
their control by independent public authorities.

However, officials from both the US and EU claim that the agreement would
not provide the legal basis for any specific transfers of personal data
between the EU and the United States. A specific legal basis for such data
transfers would always be required. The new EU-US data protection agreement
would then apply to these data transfers.

 

Jim Kouri, CPP is currently fifth vice-president of the National Association
of Chiefs of Police and he's a columnist for Examiner.com and New Media
Alliance (thenma.org).  In addition, he's a blogger for the Cheyenne,
Wyoming Fox News Radio affiliate KGAB (www.kgab.com). Kouri also serves as
political advisor for Emmy and Golden Globe winning actor Michael Moriarty.


He's former chief at a New York City housing project in Washington Heights
nicknamed "Crack City" by reporters covering the drug war in the 1980s. In
addition, he served as director of public safety at a New Jersey university
and director of security for several major organizations.  He's also served
on the National Drug Task Force and trained police and security officers
throughout the country.   Kouri writes for many police and security
magazines including Chief of Police, Police Times, The Narc Officer and
others. He's a news writer and columnist for AmericanDaily.Com,
MensNewsDaily.Com, MichNews.Com, and he's syndicated by AXcessNews.Com.
Kouri appears regularly as on-air commentator for over 100 TV and radio news
and talk shows including Fox News Channel, Oprah, McLaughlin Report, CNN
Headline News, MTV, etc. 

 



[Non-text portions of this message have been removed]



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