ArticlePublisher preview available

Strengthening cross-border law enforcement cooperation in the EU: the Prüm network of data exchange

Authors:
To read the full-text of this research, you can request a copy directly from the author.

Abstract

The Prüm network was established to provide mechanisms and the infrastructure to achieve a closer cooperation between the EU member states in combating terrorism, organised crime and illegal immigration through the cross border exchange of DNA profiles, fingerprints and vehicle registration data. While Prüm offers clear benefits for cross-border policing, it continues to present challenges of a technical and scientific nature as well as legal, ethical and socioeconomic concerns. This article reviews these challenges as well as the existing safeguards. It argues that, in order to achieve Prüm benefits and maximise its potential, it is important to enhance the necessary dialogue and cooperation between member states so as to confront the above concerns and address challenges posed by Prüm through balanced measures.
Strengthening cross-border law enforcement cooperation
in the EU: the Prüm network of data exchange
Oriola Sallavaci
1
Published online: 11 August 2017
#Springer Science+Business Media B.V. 2017
Abstract The Prüm network was established to provide mechanisms and the infrastructure to
achieve a closer cooperation between the EU member states in combating terrorism, organised
crime and illegal immigration through the cross border exchange of DNA profiles, fingerprints
and vehicle registration data. While Prüm offers clear benefits for cross-border policing, it
continues to present challenges of a technical and scientific nature as well as legal, ethical and
socioeconomic concerns. This article reviews these challenges as well as the existing safe-
guards. It argues that, in order to achieve Prüm benefits and maximise its potential, it is
important to enhance the necessary dialogue and cooperation between member states so as to
confront the above concerns and address challenges posed by Prüm through balanced
measures.
Keywords Cross border crim e .Cross borde r data exchange .EU criminal justice.Prüm network
.Transnational policing .DNA .Fingerprints .Vehicle registration data
Introduction
During the past decades, the EU member states have increased their efforts in the fight against
terrorism, organised crime and illegal immigration. Increasingly, terrorism and other serious
crime have developed a cross border dimension, which is accentuated by the dismantling of
internal border controls within the Schengen free movement area and ease of travel and
communication within the EU and beyond. Recent terrorist attacks in Europe have demon-
strated that the need for closer transnational cooperation to prevent atrocities and to achieve a
swift and efficient law enforcement response is paramount. In the wider context of transna-
tional cooperation, information exchanges between law enforcement authorities are essential in
fighting cross border crime and to ensure a high level of security in the EU.
Eur J Crim Policy Res (2018) 24:219235
DOI 10.1007/s10610-017-9355-0
*Oriola Sallavaci
Oriola.Sallavaci@anglia.ac.uk
1
Anglia Ruskin University, Cambridge, UK
Content courtesy of Springer Nature, terms of use apply. Rights reserved.
... In the context of current globalisation and universalisation of national legal systems, radical changes are taking place in the legislative regulation of law enforcement agencies at all levels. In particular, it concerns the strengthening of international cooperation in the activities of law enforcement agencies (Sallavaci, 2018), including intercontinental (between the EU and Australia) (Hufnagel, 2016); ensuring cross-border access of law enforcement agencies to information on evidence in certain categories of crimes (Warken et al., 2020), as well as ensuring security and observance of rights during such access (Daskal, 2016). ...
... The most effective is the model of legislative regulation of law enforcement, which enshrines not only the establishment of decentralised and socially oriented law enforcement agencies, but also the use of modern technical means, especially in the context of globalisation and cooperation of law enforcement agencies in combating crime (Sallavaci, 2018). Modern digital technologies should be implemented in law enforcement, as this will increase its efficiency (Nissan, 2017). ...
Article
The aim of the study was to determine the most effective model for regulating law enforcement in Europe and the post-Soviet space, as well as to formulate recommendations for the unification and standardization of legislation in this area. The empirical background was statistics on crime rates, premeditated murders by country; provisions of legislation governing the law enforcement activities of 13 countries and international regulations. Methods of system approach, descriptive statistics, descriptive analysis, generalization and prognosis, system selection, comparative method was used. The activities of law enforcement agencies are aimed at ensuring public order, national security and the protection of human rights, freedoms, and interests. Each state has its own law enforcement system, which is clearly regulated. The main indicator of the effectiveness of law enforcement is the crime rate and the level of security in the country. It is concluded that the most effective is the law enforcement model with its fundamental principles of decentralization of law enforcement agencies.
... After the Prüm Convention was incorporated into the EU's legal framework through the Prüm Decisions, all Member States were obligated to establish or appropriate the technical infrastructure needed for the implementation of DNA databases. They were also required to enact adequate legislation to set up the operational requirements needed to establish connections with other Member States and exchange data (Sallavaci, 2015(Sallavaci, , 2017. ...
Chapter
Full-text available
This chapter introduces the concept of ‘biobordering’. Taking the nationally grown crime control regimes into account, we argue that the proposed concept of bioborders is useful in capturing how the territorial foundations of national state autonomy are partially reclaimed (what we call rebordering) and at the same time partially purposefully suspended (what we call debordering). The concept of biobordering is particularly fruitful for understanding how modes of bordering entangle with large-scale IT database infrastructures for the exchange of biometric data in the context of crime control. It highlights in particular the legal, scientific, technical, political and ethical dimensions of data exchange across borders across the EU. The chapter reviews recent insights from border studies and continues by outlining components and dynamics of biobordering that make bioborders more or less permeable for expansive biometric data exchange.
... After the Prüm Convention was incorporated into the EU's legal framework through the Prüm Decisions, all Member States were obligated to establish or appropriate the technical infrastructure needed for the implementation of DNA databases. They were also required to enact adequate legislation to set up the operational requirements needed to establish connections with other Member States and exchange data (Sallavaci, 2015(Sallavaci, , 2017. ...
Book
Full-text available
This open access book explores how biometric data is increasingly flowing across borders in order to limit, control and contain the mobility of selected people, namely criminalized populations. It introduces the concept of bio-bordering, using it to capture reverse patterns of bordering and ordering practices linked to transnational biometric data exchange regimes. The concept is useful to reconstruct how the territorial foundations of national state autonomy are partially reclaimed and, at the same time, partially purposefully suspended. The book focuses on the Prüm system, which facilitates the mandatory exchange of forensic DNA data amongst EU Member States. The Prüm system is an underexplored phenomenon, representing diverse instances of bio-bordering and providing a complex picture of the hidden (dis)integration of Europe. Particular legal, scientific, technical and political dimensions related to the governance and uses of biometric technologies in Germany, the Netherlands, Poland, Portugal and the United Kingdom are specifically explored to demonstrate both similar and distinct patterns.
... After the Treaty was incorporated into the EU's legal framework on 23 June 2008, through Decisions 2008/615/JHA and 2008/616/JHA (Council of the European Union, 2008a, 2008b), all member states were obligated to build and maintain the technical infrastructure needed for the implementation of DNA databases. They were also required to enact adequate legislation to set up the operational requirements needed to establish connections with other member states and exchange data (Sallavaci, 2015(Sallavaci, , 2017. In the EU, DNA databases are mostly dedicated to the storage of DNA profiles collected for criminal investigation purposes, although some also serve the purposes of civil identification, for example, in cases of missing persons or mass disasters (Williams and Wienroth, 2014). ...
... After the Treaty was incorporated into the EU's legal framework on 23 June 2008, through Decisions 2008/615/JHA and 2008/616/JHA (Council of the European Union, 2008a, 2008b), all member states were obligated to build and maintain the technical infrastructure needed for the implementation of DNA databases. They were also required to enact adequate legislation to set up the operational requirements needed to establish connections with other member states and exchange data (Sallavaci, 2015(Sallavaci, , 2017. In the EU, DNA databases are mostly dedicated to the storage of DNA profiles collected for criminal investigation purposes, although some also serve the purposes of civil identification, for example, in cases of missing persons or mass disasters (Williams and Wienroth, 2014). ...
Chapter
Ridgeway transformed Australian law by placing covert investigation, in the form of ‘controlled operations’, on a statutory footing. And yet, from the outset it is important not to overstate Ridgeway’s importance. The decision did not shift the entire apparatus of covert investigation; it was part of larger transformation that took place in Australian law enforcement and associated laws between 1975 and 1995. What Ridgeway did was trigger the regulation of a system of authorisation for conduct by investigators that would otherwise constitute an unlawful act during the investigation. While it is true that many police powers are unlawful in the absence of lawful authority, the controlled operation functioned explicitly on unlawful activities as the central vehicle of the investigation. In other words, Ridgeway transformed a discrete arm of undercover work. Australian investigations law is now characterised by an elaborate web of interconnected legislation, in which the controlled operation is one a several powerful investigation tools. As will be considered in this and subsequent chapters, Ridgeway not only stands as the catalyst for legislative reform, but as a testament to an important shift in the method of investigation. Those techniques evolved over time, tied to the expansion of surveillance, deception and demands for cost effective outcomes. Controlled operations are linked with the production of knowledge used in the prosecution of suspects, criminal intelligence, and in investigative methods. There is a critical link between controlled operations and knowledge systems, which intersect with and shape legislation. These statutes reflect a knowledge system that is both externally and internally oriented. This chapter is concerned with analysing these structures. As indicated in the introduction, controlled operations in Australia are governed by a confederation of laws that, while not uniform in their wording do have distinct doctrinal and normative principles embedded within. Drawing substantially upon materials published by the author (Murphy B: Criminal Law J 38(1):38–58, 2014; Murphy B: Zone of impeachment: a post-foucauldian analysis of controlled operations law and policy. PhD thesis, University of Newcastle, Newcastle, 2015), this chapter examines those principles, and considers the relationship between doctrine, knowledge systems, and the historical contours of late modernity.
Article
ABSTRCT Recently, numerous identification methods are adopted in human identification systems particularly for forensic affairs. These methods are used to reduce the human efforts, related errors, cost, and consumed time in addition to increase the accuracy of human identification systems. The definition of STR DNA profile of a person's, is associated to the reduction or detection of criminal investigation associated to the identification of the suspect, or to an investigation in counter terrorism as well as in the National Security Service. DNA is used for disaster victims or suspected individuals as a main means of identification. It possesses a high degree of verification in the courts when there is biological evidence, and is also used to identify persons accused and innocent people in criminal investigation with incredible accuracy. This thesis proposes a forensic human identification system based on Deoxyribonucleic Acid (DNA) classification. This system is depend on the concept of fuzzy logic and data mining in identification, that play role important in established a plenty of effective applications in DNA profile analysis and human identification, and reduce error or prevent and so they are chosen for their high accuracy. The main contribution of the presented system is, used association rules for classification the DNA motifs in addition to the fuzzy inference to correct errors, that can offer a high range of useful information. This information is permanently used to solve the crimes and identify damaged bodies. Additionally, this overcomes the lack problem in database information. It is important to note that the proposed system includes DNA based human identifications to cover all investigation cases. The aim of this thesis is to build a forensic human identification system that uses data mining techniques to access dataset by enforce particular algorithms for discovering advisable information or good patterns from present datasets for certain objective. To improve the data mining work, fuzzy logic is used to increase the flexibility for supporting DNA profile forensic human identification in making decisions. It utilizes sixteen Short Tandem Repeats (STRs) DNA loci used in identification methods for Population. It is important to note that the proposed system has been verified In terms of matching of provided samples with the samples stored in the database through conducting several experiments. The results were satisfactory and characterized by large percentage and high accuracy. Finally, performance of this system is evaluated and in turns the proposed system proves its capability in forensic human identification and scalability to handle huge amounts of data.
Article
Full-text available
Recently, numerous identification methods are adopted in human identification systems particularly for forensic affairs. These methods are used to reduce the human efforts, related errors, cost, and consumed time in addition to increase the accuracy of human identification systems. The definition of STR DNA profile of a person’s, is associated to the reduction or detection of criminal investigation associated to the identification of the suspect, or to an investigation in counter terrorism as well as in the National Security Service. DNA is used for disaster victims or suspected individuals as a main means of identification. It possesses a high degree of verification in the courts when there is biological evidence, and is also used to identify persons accused and innocent people in criminal investigation with incredible accuracy. This thesis proposes a forensic human identification system based on Deoxyribonucleic Acid (DNA) classification. This system is depend on the concept of fuzzy logic and data mining in identification, that play role important in established a plenty of effective applications in DNA profile analysis and human identification, and reduce error or prevent and so they are chosen for their high accuracy. The main contribution of the presented system is, used association rules for classification the DNA motifs in addition to the fuzzy inference to correct errors, that can offer a high range of useful information. This information is permanently used to solve the crimes and identify damaged bodies. Additionally, this overcomes the lack problem in database information. It is important to note that the proposed system includes DNA based human identifications to cover all investigation cases. The aim of this thesis is to build a forensic human identification system that uses data mining techniques to access dataset by enforce particular algorithms for discovering advisable information or good patterns from present datasets for certain objective. To improve the data mining work, fuzzy logic is used to increase the flexibility for supporting DNA profile forensic human identification in making decisions. It utilizes sixteen Short Tandem Repeats (STRs) DNA loci used in identification methods for Population. It is important to note that the proposed system has been verified In terms of matching of provided samples with the samples stored in the database through conducting several experiments. The results were satisfactory and characterized by large percentage and high accuracy. Finally, performance of this system is evaluated and in turns the proposed system proves its capability in forensic human identification and scalability to handle huge amounts of data.
Chapter
Full-text available
Germany’s DNA database was established in 1998 and grew into one of the mid-sized databases in the EU. Under the leadership of its Minister of the Interior, Germany was among the countries that drove the creation of the Prüm system and was among the first signatories of the Prüm Treaty in 2005. The 2007 German Presidency of the EU, along with the European Commission, also pushed for the integration of the Convention of Prüm into an EU legal framework. In terms of bordering practices, the German situation serves to illustrate an expansive and diffusive mode of debordering. This expansiveness is documented by the country’s early involvement and comprehensive establishment of data exchange with most of the countries in the system; this diffusive character is illustrated by the string-pulling practices employed by Germany, and some other Member States’ governments, to influence transnational police collaboration in the EU.
Article
Full-text available
Since its first successful use in criminal investigations in the 1980s, DNA has become a widely used and valuable tool to identify offenders and to acquit innocent persons. For a more beneficial use of the DNA-related data possessed, the Council of the European Union adopted Council Decisions 2008/615 and 2008/616 establishing a mechanism for a direct automated search in national EU Member States’ DNA databases. The article reveals the complications associated with the regulation on the use of DNA for criminal investigations as it is regulated by both EU and national legislation which results in a great deal of variations. It also analyses possible violations of and limitations to human rights when collecting DNA samples, as well as their analysis, use and storage.
Article
Full-text available
The political and financial investments in the implementation of forensic DNA databases and the ethical issues related to their use and expansion justify inquiries into their performance and general utility. The main function of a forensic DNA database is to produce matches between individuals and crime scene stains, which requires a constant input of individual profiles and crime scene stains. This is conditioned, among other factors, by the legislation, namely the criteria for inclusion of profiles and the periods of time and conditions for their retention and/or deletion. This article aims to provide an overview of the different legislative models for DNA databasing in Europe and ponder if wider inclusion criteria – and, consequently, database size – translates into more matches between profiles of crime scene stains and included individuals (performance ratio). The legislation governing forensic DNA databases in 22 countries in the European Union was analysed in order to propose a typology of two major groups of legislative criteria for inclusion/retention of profiles that can be classified as having either expansive effects or restrictive effects. We argue that expansive criteria for inclusion and retention of profiles do not necessarily translate into significant gains in output performance. Electronic supplementary material The online version of this article (doi:10.1186/2195-7819-9-12) contains supplementary material, which is available to authorized users.
Article
Full-text available
Policing and judicial cooperation across international borders is now an expectation, and within the EU, is often mandated, but the desirability of criminal justice cooperation between EU Member States and the UK is now debated. This article examines recent UK political interventions in the field of EU criminal law. This has focused upon the so-called ‘block opt-out’ decision whereupon the UK government has to choose whether to ‘opt out’ en masse of all unamended policing and criminal law instruments entered into prior to the 2009 Lisbon Treaty (under Article 10(1) of Protocol 36). The article will look in particular at two EU instruments central to the ongoing and future development of EU policing and judicial cooperation: the European Arrest Warrant and the exchange of forensic DNA profiles, fingerprints and vehicle registration details under the Prüm Treaty. While the UK government is asserting (at the time of writing) that it is to opt back ‘in’ to the European Arrest Warrant, it is refraining from opting back in (so remaining ‘out’) of the Prüm Treaty. Examining the rationales for the use of the opt-out, and the decisions in respect of each of these instruments, the article will ask whether the choice to ‘opt out’ can be reconciled with the aspiration of securing an EU Area of Freedom, Security and Justice, and whether it is appropriate that the UK should be doing the ‘hokey cokey’ with EU policing and judicial cooperation.
Article
Full-text available
Forensic DNA profiling and databasing have become increasingly significant resources for criminal investigations in many jurisdictions. More recently, there have been attempts to recruit these technologies into the policing of cross-border organized crime, migration and terrorism. We examined the trajectory of one such attempt, the establishment and operationalisation of the Prüm Treaty within the European Union. We describe the way in which early technological considerations underlying DNA profile exchange, managed within law enforcement bureaucracies, have given way to a concern with broader societal issues and the necessity for a multifaceted scrutiny of this particular technolegal innovation. Central to this issue is the hybrid nature of exchange arrangements created as a result of the European Council Decision on Prüm (2008). The Prüm Treaty departs from the increasingly normalized framework for criminal justice cooperation, and at the same time, does not facilitate DNA exchange within a more traditional multinational instrument. We consider the significance and implications of the political decisions behind Prüm, as well as the consequences for the development of transnational DNA exchange in terms of three key issues: technical and scientific challenges (viability); legal challenges (legitimacy); and ethical and socioeconomic challenges (acceptability). Unless the Prüm structure is reformed, an important and promising initiative may remain encumbered with unresolved problems of legitimacy and acceptability. A lack of direct democratic involvement of many member states precluded the creation of consensus on issues such as privacy, data protection and due process issues, upon which legal and political regimes could then act.
In 2005, seven European countries signed the so-called Prüm Treaty to increase transnational collaboration in combating international crime, terrorism and illegal immigration. Three years later, the Treaty was adopted into EU law. EU member countries were now obliged to have systems in place to allow authorities of other member states access to nationally held data on DNA, fingerprints, and vehicles by August 2011. In this paper, we discuss the conditions of possibility for the Prüm network to emerge, and argue that rather than a linear ascent towards technological and political convergence and harmonisation, the (hi)story of Prüm is heterogeneous and halting. This is reflected also in the early stages of implementing the Prüm Decision which has proven to be more challenging than it was hoped by the drivers of the Prüm process. In this sense, the Prüm network sits uncomfortably with success stories of forensic science (many of which served the goal of justifying the expansion of technological and surveillance systems). Instead of telling a story of heroic science, the story of Prüm articulates the European dream: one in which goods, services, and people live and travel freely and securely.
Article
This article places sharing forensic biometric data for international criminal justice cooperation purposes within the domain of global public goods. Such cooperation is a rational response to globalisation, but faces several obstacles. These range from sociocultural and political concerns about national legal and criminal justice autonomy to the potential impact of market fundamentalism on scientific standardisation and cooperation mechanism delivery. The significance of such inhibitors will vary as societal and personal perceptions of stability change. These issues are examined by analysing the progress achieved with the EU Prüm forensic biometric data exchange model. Shocks to European stability, such as the increased scale of terrorist crimes and the UK EU referendum result will inevitably test the resilience of Prüm. Combining insights from global public goods and criminal law scholarship, however, may help to identify how reactions to such shocks, including questions about future UK participation in Prüm, might be managed.
European Commission Directorate-General Migration and Home Affairs (2015) ‘Study on the implementation of the European Information Exchange Model (EIXM) for strengthening law enforcement cooperation
  • Deloitte
“Network with errors”: Europe’s emerging web of DNA databases
  • E Topfer
Topfer, E. (2011) 'BNetwork with errors^: Europe's emerging web of DNA databases' Statewatch Journal Vol. 21(1) available at http://www.statewatch.org/analyses/no-134-dna-databases.pdf accessed 09.02.2017.
“Complex, technologically fraught and expensive” - the problematic implementation of the Prüm Decision
  • C Jones
Jones, C. (2012) 'BComplex, technologically fraught and expensive^-the problematic implementation of the Prüm Decision' Statewatch analysis available at http://www.statewatch.org/analyses/no-197-prumimplementation.pdf accessed 09.02.2017.