Parliamentary questions
WRITTEN QUESTION E-3441/02
by Marco Cappato (NI) to the Commission
(21 November 2002)

Subject: Transfer of personal data between Europe and the USA

During a visit by the European Parliament Delegation for relations with the United States, representatives of the Europol Washington office indicated that Europol had, on a number of occasions, approved transfers of personal data to the US authorities but only in cases of life and death, on the responsibility of the Europol Director and under the supervision of the Board.

Can the Commission provide detailed information concerning such procedures and, in particular, the legal basis on which they are carried out? In how many cases has this occurred involving how many people (of what nationality) and what data? What reasons of exceptional and vital importance have in the past been put forward in this connection?

Why is that, according to Europol representatives in the USA, there has been no supply of data in the opposite direction, i.e. from the United States authorities to Europol?

E-3441/02EN
Answer given by Mr Vitorino
on behalf of the Commission

(17 January 2003)

Article 2 (1) of the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (1) stipulates that personal data may be transmitted to third States under the conditions laid down in Article 18 of the Europol Convention(2 ) when an agreement is in place with that third State.
In absence of such an agreement, personal data may be transmitted in exceptional cases, when the Europol’s Director considers the transmission to be absolutely necessary to safeguard the essential interests of the Member States, or in the interests of preventing imminent danger associated with crime.
The Council Act also obliges the Europol’s Director to inform the Europol Management Board and the Joint Supervisory Body without undue delay of any decision taken to transmit personal data in application of this exceptional clause.
Following the terrorist attacks on 11 September 2001 in the United States, the Europol Director decided on 28 September 2001 to apply the exceptional clause and informed the Management Board and the Joint Supervisory Body thereof. The data transmission has been limited to information linked to the investigations of the terrorist acts committed on 11 September 2001, including related criminal offences and money laundering activities. The reason for that decision was that information held at Europol could be of vital importance to the competent authorities in the United States.
The Commission is not involved in the operational work of Europol and has no knowledge on the details of this data transmission and whether or not the United States have supplied any data to Europol.

1 OJ C 88, 12.3.1999
2 OJ C 316, 27.11.1995