Press Releases

March 11, 2008

Germany and the U.S. to Cooperate More Closely to Fight Serious Crime

Federal Interior Minister Wolfgang Schäuble and Federal Justice Minister Brigitte Zypries met in Berlin today with their American counterparts, Attorney General Michael B. Mukasey and U.S. Secretary of Homeland Security Michael Chertoff, to initial a bilateral agreement increasing their cooperation on fighting serious crime.

Germany and the U.S. plan to expand their information-sharing in order to ensure effective prevention and prosecution of serious crime, especially terrorism. Both countries agree that it is essential to share information early on in order to allow their security authorities to detect and avert threats posed by international terrorist activity before they can occur.

The agreement therefore allows suspects’ personal data to be transmitted in accordance with applicable national law, in certain cases even without being requested, if there are reasonable grounds to believe that the suspects may commit terrorist acts or crimes related to terrorism, or that they are or have been engaged in training to carry out terrorist acts. Data to identify the person (including name, date of birth, nationality, fingerprints) and information substantiating the suspicion of terrorism may be transmitted.

The agreement also creates a basis for the automated exchange of fingerprint and DNA data using a hit/no-hit procedure modelled on the Prüm Treaty which was signed by several EU Member States in 2005. In this procedure, the parties to the agreement grant each other limited access to the reference data in their national DNA and fingerprint databases and the right to use these data to conduct automated checks of fingerprints and DNA profiles. The reference data consist of the DNA profile or fingerprint data and a reference, but do not include any information that could directly identify the data subject. Using the hit/no-hit procedure, it is possible to find out within minutes whether a partner country has any information on the relevant data. If a match is found in a country’s national database, that country provides the information filed with the fingerprint or DNA profile (for example, name and address, other information on the person sought) under the terms of mutual legal assistance, the same way it is currently done. For the present, no DNA files will be shared; under the agreement, DNA files are to be shared on the basis of reciprocity, and the U.S. does not yet have the necessary legal and technical prerequisites in place.

The agreement to share information is accompanied by rules on data protection, including rules on the permissible use of transmitted data and their confidential handling, correction of inaccurate data and destruction of data which are no longer needed, and reporting requirements for the further processing of data.

March 11, 2008

Source: Federal Ministry of Justice, Federal Ministry of the Interior

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