|
| Name of Database
| Legal
Base
| Operational |
UK
Participation
| Nature of
Information held
| System based in, and operated by
| No. of terminals
in UK
| No. of
terminals
in EU
| Access
Rights
| Supervision |
Data
Protection
|
| 1a. | Customs Information System (Third Pillar)
(CIS3)
| Convention on the use of Information Technology for customs purposes (Cannes European Council 1995)
| NO: The Convention will enter into force provisionally when a majority of Member States has ratified it; formally when retified by all MS
| Full participation |
Information relating to money laundering and illicit trafficking of goods in general, including personal details of known and suspected offenders
| Brussels, operated by the European Commission
| 32 at present. To rise to 34, covering all major ports and airports
| ? | Exclusively for competent authorities designated by each Member State
| National supervisory authority to be designated by each Member State; Joint supervisory Authority to supervise CIS 3;
| CIS 3 to be subject to a protection provision under the Convention and national laws
|
| 1b. | Customs Information System (First Pillar) (CIS 1)
| Council Regulation (EC) No: 515/97, OJ L82, 22 March 1997; Commission Regulation (EC) No: 696/98, OJ L96, 28 March 1998
| On trial from 13 March 1998, using a pre-existing network of terminals and lines which previously provided a "messaging facility"
| Full participation |
Information relating to offences against EC customs legislation, incl. personal details of known and suspected offenders
| As for CIS 3 | As for CIS 3
| ? | As for CIS 3
| CIS 1 is to be overseen by supervisory body to be set up under Art. 286 TEC
| CIS 1 to be subject to provisions of the EC Data Protection Directive
|
3
3.3 2. | Schengen Information
System (SIS)
| Schengen
Convention (now incorporated into the Treaties)
| Yes | UK wish to participate
has been indicated
| Information on certain specified categories of person and objects, in connection with:-
a. combating trans-frontier crime, and
b. the application of the Schengen Convention provision on free movement
of persons.
| Central SIRENE Unit based in Strasbourg
(SIRENE =
Supplementary information requested at the National Entry).
| None at
present
(an estimate might be c. 5000)
| Each of the 9 Member States of Schengen has a National SIRENE (database), containing data identical to that held in Strasbourg, linked to relevant national data networks (usually the police network);
c. 49, 000 terminals in total
| Governed by the law of Schengen States. Each State to designate national authorities able to search the system, and must notify the Schengen Executive Committee for the purposes for which they may search the system
| Joint Supervisory Authority is responsible for monitoring personal data protection. It has no enforcement powers.
No recourse to a judicial body, such as the ECJ.
Supervision at national level is undertaken by designated data protection authority
| Convention contains provisions regulating use, checking, correction, amendment and deletion of data.
Arrangements, for subjects' access rights are in accordance with national law of Schengen States
|
| 3. | EUROPOL
| Europol Convention |
Yes | Full UK participation
| (i) data on criminal offences within Europol's remit (essentially trans-frontier crime; see p.4, para 30 for further information, and data on persons involved, or suspected of being involved in, such offences.
(ii) analysis files related to data held under (i)
(iii) an index system containing particulars from analysis files
| The Hague, Europol Headquarters
| One, the National Crime Intelligence Service
| One designated national unit in each Member State
| The data may be inputted and accessed by national units and liaison offices. Access to analysis files is restricted to analysts and liaison officers from States supplying data. Access to the index system is restricted to liaison officers and Europol officials
| A Management Board, overseeing the programme and a Joint Supervisory Body, comprised of 2 representatives of national data protection supervisory bodies.
| The standard is that set out in the 1989 Council of Europe Convention and Recommendation No. R (87) 15 concerning the use of personal data in the police sector.
|
| 4. | EURODAC
| The Commission has proposed a Community Regulation based on Article 63 (1) (a) TEC
| No, unlikely "before 2002 at the very earliest"
(Home Office, p.2.)
| The UK has notified its intention to participate in the Regulation in accordance with the Protocol on the position of Ireland and the UK
| Personal data, including fingerprints, for the purpose of deciding which Member State is responsible, under the terms of the Dublin Convention, for examining an asylum application
| It is expected that the Commission will run the central database, at a location to be decided (Q 18)
| Probably one | Probably one in each Member State
| Designated authorities in each Member State (if UK participates, this is likely to mean nominated officials in the Immigration and Nationality Directorate)
| Independent Supervisory Authority to be established under Article 286 EC Treaty.
Court of Justice to have full jurisdiction.
European Ombudsman can rule on questions of maladministration
| 1995 EC Data Protection Directive will apply
|
As the table shows, these databases have been developed, or are
being developed, on the basis of a variety of legal instruments:
8. This situation gives rise to a number of practical problems,
and, in particular, gives rise to differing standards with regard
to data protection. This is discussed further in paragraphs (x-y)
below.
