Both US and EU Want to Improve Anti-Terrorism Information and Investigation Cooperation

By Victor Comras

I have often written criticizing shortcomings that have hampered close US- EU information sharing and cooperation related to the investigation of terrorism and terrorism financing. So it’s a real pleasure to write now on steps recently taken by both sides of the Atlantic to try and improve this situation. Last week the EU and US agreed to establish a new high level “contact group” which will focus on overcoming current information sharing and judicial cooperation impediments. A new agreement was also signed during meetings in Washington November 6th between the US Justice Department and European counterparts. The agreement engages both the Justice Department and Eurojust to “to foster the exchange of information between law- enforcement communities in the US and the EU and strengthen co-operative efforts to prevent and prosecute organised crime, human trafficking, cybercrime and terrorism.” .

The agreement establishes the position of U.S. Liaison Prosecutor to Eurojust. The Liaison Prosecutor will be based at Eurojust headquarters in The Hague, Netherlands and will facilitate law enforcement cooperation between the U.S. and the E.U. on a day-to-day basis. Eurojust is the EU group charged with improving cooperation between prosecutors in the EU countries and promoting coordination of transnational investigation and prosecution measures. The agreement also contains specific language concerning the protection of personal information and individual privacy for both citizens of the U.S. and the E.U.

According to Attorney General Alberto Gonzales the new arrangement "will allow co-operation between United States’ judiciary and their EU member states’ counterparts, and this will increase our capacity to fight against international crime.” EU Commission Vice-President Franco Frattini also praised the new arrangement. "We decided to create a high-level contact group, not for bureaucratic purposes but to see how our common values and common principles can be translated into common proposals," he said at a joint press conference with Attorney General Gonzales.

Personal data protection concerns has been one of Europe’s biggest hang-ups when it comes to sharing information with the United States. They have long expressed concerns that data provided to US authorities might be leaked or used for un-intended purposes. These concerns were evident in the measures adopted by the EU Parliament and Court which, earlier this year, overturned arrangements under which EU passenger data was provided to US authorities. The new arrangements contain additional protections to ensure that such information is restricted to screening passengers traveling to the United States. Referring to these concerns, Finnish Minister of Justice, Ms Leena Luhtanen, who also attended the meetings, expressed her hope that “we can find the right balance between ensuring security and law enforcement on the one hand and protecting the fundamental rights and freedoms on the other hand.”

For its part, the United States has begun to relax a number of its own restraints on intelligence and other information sharing with select European countries. The initial breakthroughs occurred with the establishment and expansion of new intelligence links during the past year. Just how much of this new cooperation will be reflected when it comes to investigative and judicial assistance arrangements waits to be seen. But, bravo, on a step in the right direction.

TrackBack