WP29 Seeks Reform of Cross Border Crime Data Sharing Treaties
The Article 29 Data Protection Working Party (WP29) recently sent a letter (‘the Letter’) to the Council of Europe (CoE) outlining its views on transborder access to personal data in criminal investigations. The Letter, addresses data protection implications of cross jurisdictional exchange of information for law enforcement purposes. Reform of the mutual legal assistance treaties (MLATs), which set out the procedures for these information exchanges, was suggested by the WP29 as a solution to these concerns.
‘We consider that MLATs must be compliant with fundamental rights and, therefore, with data protection requirements,’ read the Letter.
“From a US perspective, the Letter from the WP29 only serves to exacerbate the underlying tension facing US companies. Ultimately, the competing demands of data protection laws and law enforcement authorities will only be resolved through a multi stake holder process that includes representatives from government, the private sector, law enforcement and other interested parties.”