Proposals to enhance the digital information exchange in terrorism cases
On 1st December 2021, the European Commission adopted two proposals to effectively fight terrorism and other forms of serious cross-border crime: a proposal for a Regulation amending Regulation (EU) 2018/1727 and Council decision 2005/671/JHA, as regards the digital information exchange in terrorism cases, and a proposal for a Directive amending Council Decision 2005/571/JHA, as regards its alignment with Union rules on the protection of personal data.
The new regulation aims to enable Eurojust to recognise links between prior and ongoing cross-border investigations and prosecutions concerning terrorist offences and other forms of serious cross-border crimes by improving the information sharing between Member States and Eurojust. Moreover, it will create a more efficient field for the data exchange between the Member States, Eurojust and third countries through the modernisation of Eurojust case management system and the establishment of secure digital communication channels. Last, the proposal provides for a clear legal basis for the cooperation with third country liaison prosecutors at Eurojust.
With regard to the proposed directive, this aims to align the Council Decision 2005/671 on the exchange of information and cooperation concering terrorist cases with the principles and data protection rules set in Directive (EU) 2016/689 (the Data Protection Enforcement Directive – LED) in order to ensure consistent approach to protection afforded to persons regarding the processing of personal data. This proposal is in consistency with two proposals the Commission had adopted on 20 January 2021 to align Council Framework Decision 2002/465/JHA on JITs and Directive 2014/41 regarding the EIO, with the EU rules on the protection of personal data (see below).
The file for the revision of the Eurojust Regulation is currently being considered by the preparatory bodies in the Council and in the European Parliament; while the proposal for a Directive as regards the alignment of Council Decision 2005/671/JHA with Union rules on the protection of personal data most probably will only be considered under the Czech Presidency.
type: Proposals for a Regulation and a Directive
Reference number: COM(2021) 757 final, COM(2021) 767 final
Issue date: 01-12-21