DNA Data Exchange: Germany Flexed Its Muscle

Abstract

In the context of improving security, the European Council has incorporated the Prüm Treaty into a Council Decision binding on all EU member states. The core element of the Treaty is the creation of a network of national databases to promote the exchange of information between law enforcement authorities. In particular, reciprocal access is given to Contracting States’ national databases, containing DNA profiles, fingerprints and vehicle registration data. Although this initiative started as a multilateral agreement, a small group of influential countries led by Germany has successfully twisted the arms of other EU countries into integrating the provisions of the agreement into the legislative framework of the EU under the Third Pillar. While the EU law represents a progress in the field of cooperation against crime, it raises privacy and data protection issues which will affect all EU citizens, primarily due to the absence of common legally binding data protection standards.