German Police: Interventions more than doubled after exchange of passenger data

The EU PNR Directive is leading to more and more interventions by the German authorities. An extension to rail, bus and ship travel is not yet off the table, but before that the Court of Justice in Luxembourg will rule on the legality of the law. Similar agreements with Canada and Japan are apparently no longer coming into being.

The storage and processing of passenger data in air traffic led to significantly more interventions by the German Bundespolizei (Federal Police) last year. According to an annual report that has only just been presented, its headquarters received 25,280 personal data from the Federal Criminal Police Office (BKA) with a request for so-called follow-up measures. In 2019, this number was still 10,900, according to the report, which results in an increase of around 132 per cent despite a pandemic-related decline in passenger numbers. „German Police: Interventions more than doubled after exchange of passenger data“ weiterlesen

Controversial term: German Ministry of the Interior sneaks „Gefährder“ into the EU

In order for state protection departments to be able to cooperate better at EU level in the area of politically motivated crime, they need common definitions of the persons to be prosecuted. A corresponding initiative to this end comes from Germany. This way, threats are prosecuted that have not even occurred yet.

Under the Treaty on the Functioning of the European Union, neither the Commission nor the Council has powers to coordinate intelligence services. Nevertheless, for the past five years the police agency Europol has been „exploring“ ever closer cooperation with the European „Counter Terrorism Group“ (CTG), in which the domestic services of all Schengen states work together. The EU’s „Intelligence Analysis Centre“ INTCEN in Brussels, which should actually only read secret service reports from the member states, is also being given further powers.

In order to be able to observe and, if necessary, prosecute target persons by police forces and intelligence services alike, a new category must be created. For the police traditionally deal with suspects or accused of a crime, police laws in Germany also know the category of „Gefährder“ who are accused of a concrete, perceivable danger. Intelligence work, on the other hand, is based on the mere suspicion that someone might pose a danger in the future. „Controversial term: German Ministry of the Interior sneaks „Gefährder“ into the EU“ weiterlesen

Negotiations on the Europol Regulation: Will there be a „European FBI“ by the end of the year?

Europol is to be allowed to carry out „discreet“ manhunts and request large amounts of data from private companies, using „artificial intelligence“. In addition, the police agency coordinates special units and cooperated with foreign secret services.

The European Parliament, the Commission and the Council today began the so-called trilogue procedure for a new Europol regulation. The police agency with its headquarters in The Hague could receive significantly more competences. It is stipulated, for example, that Europol coordinates the special police units of the member states in the ATLAS network, reports any criminal conduct within Europol’s competence to the European Public Prosecutor’s Office and supports the member states in responding to cyber attacks.

A corresponding proposal to amend the current regulation was presented by the Commission last December. The main changes are named in the title of the legislative text: It is about Europol’s cooperation with private parties, the increased processing of personal data and the role in research and innovation. „Negotiations on the Europol Regulation: Will there be a „European FBI“ by the end of the year?“ weiterlesen

Travel authorisations: Carriers must query new EU database

A new information system is supposed to screen travellers for risks at the EU’s external borders. Of interest is, among other things, whether there is an irregular migration history or an „epidemic risk“. The agencies Europol and Frontex will receive new tasks for this.

After some delay, the new European Travel Information and Authorisation System (ETIAS) will go live at the end of next year. All visa free travellers entering the Schengen area for a short stay will have to register online via a form a few days before crossing the border. The information is checked automatically, after which the system issues either clearance or a contestable refusal of entry. The procedure costs 7 euros, a travel authorisation is valid for three years.

Carriers who operate journeys across an external EU border face new obligations and costs with the ETIAS Regulation. This concerns providers of air, sea, train or bus travel. Before boarding, they must check whether their passengers have a valid travel authorisation. For this, the companies will be given permission to check the passengers‘ papers in ETIAS when they make a booking. Yesterday, the European Union asked companies to register for this process. The first tests of the system are to begin in February 2022. „Travel authorisations: Carriers must query new EU database“ weiterlesen

New regulation: Europol becomes quasi-secret service

The EU police agency processes billions of personalised „big data“, much of it from governmental hacks or intelligence sources. The new Europol vice-director, who was trained in the French military, plays a special role. Now it’s up to the EU Parliament to decide.

The day before yesterday, the EU interior ministers agreed on a mandate for negotiations on the amendment of the Europol Regulation. The final draft has already been published by the British civil rights organisation Statewatch. This means that negotiations on the planned law with the EU Parliament can begin. The proposal is controversial, as Europol would be allowed to process data from private entities on a large scale, even if they include innocent people or contact persons of suspects.

Six months ago, the Commission had presented the draft for the new Europol Regulation. According to the proposal, Europol should have an additional 178 million euros and 160 new posts by 2027. Because the police agency would then also be allowed to use the Schengen Information System (SIS II), a proposed amendment of the SIS Regulation is also being discussed. With the new legal and financial powers, Europol would be on its way to becoming a „European FBI“, as some German interior politicians have demanded in recent months. „New regulation: Europol becomes quasi-secret service“ weiterlesen

„Battlefield information“: EU police to cooperate more closely with secret services and military

Authorities in the European Union use biometric data and crime scene evidence from Iraq and Syria to process war crimes, secretly track suspects and control migration. Now the procedure is to be extended to African countries.

After a meeting of EU interior and defence ministers in 2017, authorities in member states have been using so-called „battlefield information“ to fight terrorism. In this way, the authorities want to identify and detect „foreign fighters“ when they cross an external EU border. The procedure is to be expanded, the EU anti-terrorism coordinator Gilles de Kerchove is therefore calling on governments to engage in a „regular dialogue with their military forces and relevant intelligence and security services“. This is according to two documents posted online by the British civil liberties organisation Statewatch.

„Battlefield information“ comes from countries such as Syria or Iraq, where the „Global Coalition against Daesh“ has been operating militarily since 2014. The intelligence is usually collected there by military secret services. Their dissemination and use goes back to „Operation Gallant Phoenix“, an initiative of the US government. It has a secretariat in Jordan and involves military and intelligence services from 27 Western and Arab states as well as their police authorities. „„Battlefield information“: EU police to cooperate more closely with secret services and military“ weiterlesen

Schengen Information System: Largest European police database now with Ireland

Presumably because of the Corona pandemic, queries to Europe’s largest wanted persons database have dropped drastically. Irish authorities now also participate in the system, but are only allowed to process about a third of the wanted persons entered there.

On Monday, Ireland joined the Schengen Information System (SIS II). This makes the Republic a participant in the largest and most widely used information system in Europe. The SIS II was set up in 1995 partly to compensate for the removal of internal border controls. Another purpose of the system is to improve „internal security“.

In the SIS II, the authorities involved can enter searches for persons and objects. By far the largest part, with about 87 million entries, concerns vehicles or documents reported as lost or stolen. As of 1 January, according to the German Federal Ministry of the Interior, 933,061 persons were listed in the SIS II. After Brexit, around 37,000 UK-registered persons and 4.6 million objects were deleted on 31 December. „Schengen Information System: Largest European police database now with Ireland“ weiterlesen

New freight information system: EU Commission launches pre-declaration with risk analysis

For „safety and security“ purposes, imports into the European Union must be pre-declared in future. This advance data contains information on all persons, companies and means of transport involved in the sale, transport or shipment of the goods.

In two years at the latest, all persons wishing to enter the European Union will have to provide information on the purpose, duration and approximate course of their journey before they start. This „Travel Information and Authorisation System“ will be supplemented by an „Entry/Exit System“, which will document the actual border crossing. In the process, travellers must deposit their biometric data. For the risk analysis, the systems query relevant EU databases, an algorithm searches for anomalies in the data records.

Yesterday, the EU Commission introduced a similar advance procedure for customs with the „Import Control System 2“ (ICS2). In future, all goods to be imported into the EU customs territory must be declared in a cargo information system. It is intended to serve „security and safety“ and to help customs authorities „intervene at the most appropriate point in the supply chain“. Goods whose consignors or consignees have previously been conspicuous can then be checked more deeply, for example. „New freight information system: EU Commission launches pre-declaration with risk analysis“ weiterlesen

Proposals for new Europol Regulation

The EU police agency is to process more „big data“ and receive personal data from private companies. Preventive cooperation with third countries will be expanded, this also concerns secret services.

On 9 December last year, the EU Commission presented a proposal to extend Europol’s mandate. The police agency could therefore initiate investigations itself without waiting for an initiative from a member state. This should also be possible if only one country is involved. Up to now, Europol’s competence has been limited to cases involving two or more member states.

In addition to improved cooperation with the European Public Prosecutor’s Office (EuPPO) and the European Anti-Fraud Office (OLAF), cooperation with third countries for the „prevention“ of criminal offences is to be expanded. „Proposals for new Europol Regulation“ weiterlesen

Privileged third country: EU security cooperation with Great Britain after Brexit

British authorities continue to participate in many EU instruments in the area of justice and home affairs, and cooperation in some cases even goes further than with the Schengen states Norway, Iceland or Switzerland. The exit from Europol and the Schengen Information System could strengthen the secret services.

With its withdrawal from the European Union, the UK will have left the „European Area of Freedom, Security and Justice“ as of 1 January 2021, and the country will become a third country from the EU’s perspective. This will also end cooperation within the framework of the Schengen Agreement. The government in London will lose its place as one of the most important partners in the EU security architecture. The loss of participation in the Schengen Information System (SIS II) will probably weigh heavily in the UK. In 2019, British police forces and intelligence services had around 37,000 persons and 4.5 million objects stored there. Many covert Article 36 alerts, which allow police and domestic intelligence to track the movements of wanted persons across the EU, also originated in the UK.

However, British authorities are to be allowed to continue to participate in important EU information systems in the area of Justice and Home Affairs (JHA) and also to cooperate with agencies. These are the provisions of the provisional „EU-UK Trade and Cooperation Agreement“ (TCA), which the parties negotiated at the last minute before the turn of the year. „Privileged third country: EU security cooperation with Great Britain after Brexit“ weiterlesen