Agreement on deepening cooperation in preventing and combating serious crime

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The agreement on deepening cooperation in preventing and combating serious crime is an agreement between Germany and the USA that was initialed in 2008 and came into force on April 19, 2011.

Negotiations on the agreement began in January 2007 under the leadership of the Federal Ministry of the Interior and the Federal Ministry of Justice . The agreement was signed on March 11, 2008 by Wolfgang Schäuble and Brigitte Zypries on the German side and Michael Chertoff and Michael Mukasey on the American side. The Federal Data Protection Commissioner Peter Schaar criticized the agreement. Among other things, the data transmitted to the USA are not subject to any data protection whatsoever , as was agreed in the Prüm Treaty , for example , since the data protection laws of the USA only apply to US citizens. A definition of the term “serious crime” was not given.

The name, date of birth, nationality, dactyloscopic data and "information on circumstances which justify the suspicion of terrorism" should be transmitted . Furthermore, an automated exchange of fingerprint and DNA data in the hit / no-hit procedure was agreed, for which the USA had not yet created the necessary legal and technical requirements when it was signed. The public in the first publication was withheld the information that an exchange of information on the sex life and health of a suspect can take place. The information that it contained race or ethnic origin , political views , religious or other convictions or membership in trade unions was only revealed later. The chairman of the police union , Konrad Freiberg , said: "It is a mystery to me why this data is needed in the fight against serious crime such as terrorism." The databases of the Federal Criminal Police Office contain data from 3.2 million fingerprints and 400,000 DNA samples. Data.

On June 4, 2008, the federal government approved the signing. On July 4, 2009, a consent and an implementation law were passed by the Bundestag with the votes of the governing coalition of the CDU and SPD. The opposition voted unanimously against it. The Federal Data Protection Commissioner Peter Schaar complained about numerous ambiguities in the agreement. The majority of the Federal Council refrained from calling the mediation committee, but at the same time asked the federal government to start renegotiating the agreement with the US government.

The agreement did not initially come into force. The entry into force of the agreement was opposed by Hamburg's objection, which refused to approve the agreement in the Standing Commission of the States. According to Section 3 of the Lindau Agreement, the states should give their consent before an obligation becomes binding under international law. Hamburg only wanted to agree to the agreement if the data passed on to the USA by citizens and companies are sufficiently secured. Federal Justice Minister Sabine Leutheusser-Schnarrenberger announced that she would campaign for the implementation provisions of the agreement to be changed.

After the Greens no longer co-governed Hamburg, Hamburg dropped its objections. With the exception of the regulations on the automated exchange of DNA profiles (Articles 7 to 9 of the Agreement), the agreement entered into force on April 19, 2011. So far, however, no data has been or is being exchanged on the basis of the agreement. The federal government is currently discussing the details of the practical implementation of the data exchange with the United States of America.

A well-founded constitutional complaint and human rights complaint against Germany's consent was rejected for formal reasons in 2012 because the Post incorrectly delivered the complaint and missed the deadline for the complaint.

Web links

Individual evidence

  1. ↑ Data protectionist criticizes data transfer to the USA . heise.de
  2. ↑ Schaar warns against data access from the USA . Deutschlandfunk , March 11, 2008; interview
  3. ↑ Printed matter 16/8862 (PDF; 91 kB) German Bundestag, April 22, 2008, p. 4
  4. ↑ Insufficient data protection in the German-American agreement on cooperation between security authorities .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, accessed on May 9, 2008@1@ 2Template: Toter Link / www.ldi.nrw.de  
  5. ↑ Germany and the USA intensified cooperation in the fight against serious crime. Federal Ministry of the Interior, March 11, 2008, archived from the original on October 2, 2008 ; accessed on February 10, 2014 .
  6. ↑ Counter Terrorism: Intimate Data to US Authorities . heise.de, April 16, 2008
  7. ↑ Fight against terrorism - Germans and Americans want to exchange intimate personal data . Spiegel Online , April 26, 2008
  8. ↑ Membership in a union cannot be a culprit for terrorists . Police Union, May 8, 2008
  9. ↑ Background information - facts and figures on AFIS . ( Memento of the original from January 27, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Federal Criminal Police Office, accessed on May 9, 2008 @1@ 2Template: Webachiv / IABot / www.bka.de
  10. ↑ No data protection in the fight against terrorism . Time online , April 11, 2008
  11. ↑ Federal cabinet passes agreement on more intensive cooperation in the fight against serious crime between Germany and the USA. Federal Ministry of the Interior, June 4, 2008, archived from the original on October 20, 2008 ; accessed on February 10, 2014 .
  12. ↑ Bundestag confirms agreement on data transfer to the USA . heise.de, July 4, 2009
  13. ↑ Decision of the Federal Council of July 10, 2009 (PDF; 19 kB).
  14. ^ Status of proceedings on dipbt.bundestag.de
  15. ↑ Press release of the Hamburg judicial authority of July 10, 2009.
  16. ↑ Press release of the Hamburg judicial authority from November 6, 2009.
  17. ↑ dipbt.bundestag.de (PDF; 102 kB)
  18. ↑ daten-speicherung.de