There are several law enforcement agencies that operate on a European Union wide basis. These agencies are set up under specific conventions and regulations at a European level, which include data protection safeguards. They are not governed by the Data Protection Act or data protection laws of other EU countries.
The European Union's activities are organised in three fields. These are known as 'pillars'. The first pillar covers agriculture, environment protection, economic and commercial questions, immigration and asylum and the free movement of people. The second pillar covers common, foreign and security affairs. The third pillar covers police and judicial co-operation in criminal matters. Each law enforcement agency comes under either the first pillar, or the third pillar or both.
How compliance with the data protection rules is supervised depends on which pillar the law enforcement agency comes under. Each agency that comes within the third pillar has its own data protection authority. The UK Information Commissioner is represented on these authorities. Those agencies that come within the first pillar are supervised by the European Data Protection Supervisor (EDPS) based in Brussels.
Access to information
You can apply for access to information held about you to each of the European law enforcement agencies.
Europol
This is a third pillar law enforcement organisation based in The Hague in the Netherlands, and it handles criminal intelligence. Its aim is to improve the effectiveness of and co-operation between EU member states in preventing and combating serious international organised crime. Data protection supervision is in the hands of the Europol Joint Supervisory Body.
The Europol JSB has produced a leaflet explaining how to access your information.
Schengen Information System (SIS)
This is a first and third pillar database linked to the abolition of internal border controls of the Schengen territory within much of the EU.
Information may be recorded on:
- wanted people or people under police surveillance;
- missing people who should be placed under protection, in particular minors;
- non-EU nationals who are banned from entry to Schengen territory; and
- people whose identity is fraudulently used as an alias by other persons.
The UK does not yet participate in SIS but is planning to join in 2008. UK law enforcement agencies will not though have access to data on non Schengen nationals who are banned from entry to the Schengen territory. Data protection supervision is in the hands of the Schengen Joint Supervisory Authority.
Until the UK joins the SIS you can only apply for access through one of the countries that form the Schengen territory. Details of the data protection authorities in these countries, who can give you access themselves or tell you who to apply to, are available on the website of the Schengen Joint Supervisory Authority.
Leaflets and posters advising on how to access your information are expected soon.
Customs Information Systems (CIS)
This is a first and third pillar database set up for customs purposes to help customers and related authorities prevent, investigate and prosecute serious contravention of national laws. Information may be recorded for the purpose of sighting and reporting, discreet surveillance or specific checks. Data protection supervision is in the hands of both the CIS Joint Supervisory Authority and the European Data Protection Supervisor.
The address to apply for access to your information is:
The Data Protection Officer
HM Customs and Excise
New Kings Beam House
22 Upper Ground
London
SE1 9EJ
Eurodac
This is a first pillar database of fingerprints of applicants for asylum and aliens found illegally within the EU. The database helps the effective application of the Dublin convention on handling claims for asylum. Data protection supervision is in the hands of the European Data Protection Supervisor.
The address to apply for access to your information is:
The Data Protection Officer
The Home Office
50 Queen Anne's Gate
London
SW1H 9AT
Eurodac activity report 2005 - 2007
Click here for the latest report.
Eurojust
This is a third pillar judicial co-operation organisation based in The Hague in the Netherlands. Eurojust's objectives are to improve co-ordination and co-operation between investigators and prosecutors dealing with serious international crimes.
Its activities are primarily casework based.
Arrangements for handling applications have still to be established. For further advice please contact us.