US advances data exchange pact with Europe

US / EU: THE UNITED States is asking European countries to agree sweeping deals on exchanging data, including DNA and fingerprint…

US / EU:THE UNITED States is asking European countries to agree sweeping deals on exchanging data, including DNA and fingerprint records and in some cases, details of individuals' political and religious beliefs and sexual orientation.

Washington has told newer EU member states that they must sign such deals if they want to join the visa waiver system that allows citizens of most EU countries to visit the US without a visa.

Ireland's visa waiver agreement with the US is due for renewal next year but Irish officials say no talks are under way on a data exchange agreement. When the US agreed a data exchange deal with Germany in March, however, it said the agreement should be considered "as a model for similar agreements" with other EU member states.

EU diplomatic sources in Washington say the US Department of Homeland Security is negotiating similar deals directly with the interior and justice ministries of a number of EU countries.

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The US-German agreement, which The Irish Times has seen, states each country's authorities should have access to each other's fingerprint databases and DNA profiles. If fingerprints or DNA profiles match those of someone suspected of committing or planning serious crimes, further personal data can be exchanged.

Personal data is defined in the agreement as "any information relating to an identified or identifiable natural person" and Article 12 identifies "special categories" of personal information.

"Personal data revealing racial or ethnic origin, political opinions or religious or other beliefs, trade union membership or concerning health and sexual life may only be provided if they are particularly relevant to the purposes of this Agreement," it notes.

Both parties agree to "take suitable safeguards, in particular appropriate security measures" to protect such information but the safeguards are not identified.

Personal data cannot be passed on to third countries or international bodies without the approval of the originating country but each party to the agreement has broad scope in how it uses the data.

"The Parties may process data obtained under this Agreement: for the purpose of its criminal investigations; for preventing a serious threat to its public security; in its non-criminal judicial or administrative proceedings directly related to investigations".

The US already has a number of bilateral agreements for exchanging data on suspected terrorists, although most exclude the exchange of information on such factors as race and religious beliefs.