Journal Article

International cooperation by (European) security and intelligence services: reviewing the creation of a joint database in light of data protection guarantees

Ryngaert, Cedric M J, van Eijk, Nico A N M

2019

Overview

National intelligence and security services are stepping up their cooperation to address national security threats, in particular terrorism. Given the sensitivity of national security, such cooperation will normally occur on the basis of legally non-binding, informal arrangements rather than ‘hard’ treaties.1 Under these arrangements, states scale up the exchange of data concerning persons of interest. This article, which is based on an expert opinion of the authors to the Dutch Review Committee on the Intelligence and Security Services (CTIVD),7 is relevant for cooperation among all security and intelligence services. Its emphasis, however, lies on the exchange of data between European states, defined here as states that are Contracting Parties to the European Convention on Human Rights (ECHR), or at least the exchange of data accompanied by the creation of a centralized database of which the server is located on the territory of an ECHR Contracting Party. The geographical limitation to ECHR Contracting Parties allows us to review the envisaged cooperation in light of the jurisdictional and substantive guarantees provided by the ECHR, as notably developed by the European Court of Human Rights (ECtHR).

• Publisher: Oxford University Press,Oxford Publishing Limited (England)
• Subject: Case law / Centralized databases / Cooperation / Data integrity / Data security / Espionage / Evaluation / Human rights / Intelligence gathering / Intelligence services / International cooperation / Jurisdiction / Laws, regulations and rules / Management / Methods / National security / Political aspects / Security services