FECL-REPORT ON EUROPOL REGISTERS TRIGGERED PUBLIC DEBATE
A report in FECL No. 39 on a Spanish proposal for Draft Implementing Rules for Europol's so-called analysis registers is making waves in Denmark and Sweden.
Under the draft, Europol would be allowed to store and process information on the race, political and religious convictions, the sexual behaviour, and the health of persons not suspected of any crime (see FECL No. 39: "Europol's analysis registers to contain data on race, political opinion and sexual behaviour").
Danish Parliament to discuss Europol registers
The item was a prime news on Danish TV on 14 December and the chairman of the Parliament's Legal Affairs Committee, Bjoern Elmquist, told the Danish newspaper, de ny NOTAT, that his Committee had discussed the question of the content of Europol's analysis registers at several occasions but that it had never been shown the concrete draft. "It should not be permitted to register Danish citizens based on other than national regulations", he said and added that the planned registration of personal data of the kind named in the Draft Implementing Rules "will definitely bring about problems in the [Parliamentary] Committees both on Legal and on European Affairs".
In the meantime, the Red Green Alliance, Enhedslisten, has put a number of questions to the Minister of Justice. Among other things, Enhedslisten wishes to know the extent of the mandate of the Danish officials participating in the K.4-negotiations on Europol and whether or not the Folketing (the Danish Parliament) will have a say with respect to the final version of the Draft Implementing Rules. On 9 January, Enhedslisten further put down a motion for a decision by Parliament, according to which The "Folketing calls upon the Government to block any further work with regard to the implementation and extension of Europol's registers". In the explanatory remarks to the motion it says that "the character of the information to be stored in the registers is deeply objectionable and grossly violates legal security and democratic principles". The motion is to be voted on within two months.
In an attempt to calm mounting public criticism, the Danish Minister of Justice, Bjoern Westh, declared that his government had successfully opposed the Spanish draft and that a new proposal drawn up by the Italian presidency took into account Danish demands. The Minister, however refused to be specific.
Sweden: Europol a pretext for extending police powers
In Sweden, the two largest evening papers had stories on the Europol registers. "Stop the opinion register of the EU-police!", it said on Aftonbla-det's headline, and Expressen's story was entitled: "Now, the EU wants to register your sexual habits".
For the time being, Swedish legislation does not allow registration of personal data of the type named above in electronic databases, as far as non-suspects are concerned. But an expert committee set up by the Government is currently considering changes in Swedish legislation concerning police registers. Minister of Justice Leila Freivalds is pressing for the police to have greater power to resort to sophisticated means of secret audio and video surveillance and to set up electronic police intelligence registers similar to Europol's analysis registers. A number of high-ranking police officials have long demanded such powers as a means to combat "organised crime". But hitherto, the Swedish data protection authorities have always stopped such plans.
The plans are controversial even within the police. "The existing forms of international police cooperation are perfectly sufficient", the chairman of Polisförbundet, the Swedish Police Union, told Aftonbladet. "We are not of the opinion that Swedish regulations on criminal search registers and on surrendering personal data to other countries should be changed".
An official of the Ministry of Justice, Peter Strömberg, played down the importance of the Spanish draft document by pointing out that a number of points had been changed since. But he added that the draft's present wording was secret. According to Strömberg, who is participating as a Swedish delegate in negotiations on Europol, work on the Implementing Rules are likely to continue for "at least one year".
As for the expert committee on police registers set up by the Government, its head, Mats Börjesson, is a former Chief of the Swedish state security, Säpo. According to Mr Börjesson, his committee will shortly present proposals for setting up of a special register for pro-active search including information on innocent people seen "in company" of a suspect or showing some other form of "deviant" behaviour. The expert committee claims that the proposed changes of legislation are a consequence of the analysis register to be set up by Europol and that Sweden has bound itself to communicate intelligence to Europol by joining the Europol Convention. Considering the fact that Sweden participated in the negotiations on the Convention and agreed to its provisions establishing the analysis register, the reference to "European obligations" making necessary a change of Swedish law and practice seems to be a somewhat crude attempt by Swedish Justice and Home Affairs officials to blame the EU for an unpopular change for which they themselves have been striving.
Sources: de ny NOTAT, 15.12.95; Ritzaus Press Agency, 14.12.95; Aftonbladet, 26.12.95; Expressen, 3.1.96; Svenska Dagbladet, 11.1.96; Forslag till folketingbeslutning om stop for forberedelsen af Europols registre, 9.1.96, B 64, Enhedslisten, Danish Parliament; Berlingske Tidende, 18.1.96.