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Press Releases March 12, 2008 Stepping up Anti-Terror Cooperation FInternational terrorists consciously use the barriers that national borders pose in criminal investigations. Germany and the United States have thus agreed to swap information in order to fight crime more effectively. The move will allow both countries to intercept suspected terrorist activity before people are harmed or killed. The information sharing agreement was signed in Berlin by German Interior Minister Wolfgang Schäuble and German Justice Minister Brigitte Zypries and their American counterparts, US Homeland Security Secretary Michael Chertoff and US Attorney General Michael Mukasey. The most important aspect of the agreement is that where there is a justified suspicion of terrorist activity, investigators on both sides of the Atlantic are now able to exchange suspects’ personal data without the need for advance requests. Until now, a formal request has been necessary which then had to be approved by the judicial authorities. If firm evidence of a potential threat comes to light, the competent authorities will inform their colleagues immediately and at their own initiative. They will provide personal details such as the names, dates of birth, nationalities and fingerprints of the suspects in question, plus any other information or facts to support their suspicions. Designed to intensify cooperation in the fight against serious crime, the agreement also provides for automated exchange of fingerprints and DNA data, but without the corresponding personal details. It must first be approved by the German cabinet and the Bundestag and is expected to enter into force within the current legislative period. Data exchange and data privacy The exchange of data will be subject to national law in both countries and data privacy provisions apply both to the data exchanged and its confidential nature. The agreement also contains provisions on the correction of false information and the destruction of data that is no longer needed. German Interior Minister Wolfgang Schäuble stressed that Germany’s data protection commissioner had praised a similar agreement with EU states and had described it as a model worthy of replication. The new agreement with the United States is based on one entered into at European level three years ago. Seven EU member states agreed to give each other restricted access to their national DNA and fingerprint databases, bringing the time needed to compare the data in them down to a matter of minutes. German Justice Minister Brigitte Zypries said that the agreement’s `hit/no hit´ procedure ensured that data would only be exchanged if and when a match was found. Investigators will not automatically receive data that identifies the person involved. Once a match is found, a formal application must be made to request further information. Zypries said although the agreement simplified the administrative procedures, the rule of law still applied. More data sharing encouraged US Attorney General Michael Mukasey and US Homeland Security Secretary Michael Chertoff both emphasised that the new cooperation agreement will make the two countries safer. Mukasey spoke of "jointly defending common values". Chertoff said he would like to see data-swapping activities spread to other European countries. Schäuble confirmed that the project is open to all interested parties within the European Union. Fingerprint-sharing will start as soon as the new bilateral agreement comes into force. The exchange of DNA data is subject to the US having the necessary legal and technical structures in place. As Mr. Mukasey explained, the handling of DNA samples is far more controversial in the US than in Germany. Source: Federal German Government (www.bundesregierung.de)
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