Chapter 10: International Police Co-operation
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by the Council of Ministers.
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The tasks for Europol in relation to the objective in Art
2 of the Convention are set out in Art 3 of the Convention. They include:
(a) facilitating the exchange of information between States;
(b) obtaining, collating and analysing information and intelligence;
(c) notifying Member States about information concerning them and any
connections identified between criminal offences;
(d) aiding investigations in Member States by forwarding all relevant information
to the national units;
(e) maintaining a computerised system of collected information containing data.
From the outset, it was evident that Europol was not simply concerned with collecting
‘hard’ information, but would also be proactive and undertake the analysis of any
material it held in order to facilitate criminal investigations undertaken by national
police forces. Initially, Europol aimed to engage in the analysis and exchange of
information relating to a specific range of criminal activity which was listed in Art 3
of the Convention. These are defined as ‘offences committed in order to procure the
means for perpetrating acts [or] to facilitate or carry out acts [or] to ensure the impunity
of acts’, which covers a wide range of offences, from conspiracy to extortion. These
two terms are not defined with any precision in the Convention. Further, allowing
Europol to hold information on ‘related criminal offences’ has resulted in a blurring
of aims.
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Problems have arisen, for example, in relation to the expression ‘related
criminal offences’. There is no consistency in the definition of criminal offences in
Member States. The offence of conspiracy, for example, is defined very narrowly in
Dutch law, whereas it is given a more expansive definition in English law. Thus,
whilst authorities in the UK would be required to provide information on conduct
which was defined as conspiracy in English law, and would, therefore, be classed as
a ‘related criminal offence’, the same activity may not constitute a conspiracy in The
Netherlands and the Dutch authorities would not incur liability.
Article 8 of the 1995 Europol Convention allows the information system ‘to store,
modify and utilise only the data necessary for the performance of Europol’s tasks’.
This includes not only a wide range of factual information, but also some categories
of ‘soft’ intelligence including vague terms, such as ‘belief’, ‘suspicion’ and ‘hearsay’.
The use of soft information raises a number of civil liberty concerns. Soft information
can include ‘persons suspected of having committed…a criminal offence’, details of
‘alleged’ crimes, ‘suspected membership of a criminal organisation’ and ‘other
characteristics likely to assist in identification’. These are subjective and imprecise
categories of information. The ‘other characteristics’ category has given rise to a
well founded fear that data on race, sexuality and politics may be held on the
information system. These fears were exacerbated by the approval of the Council of
Ministers which confirmed such information as being suitable for being held on
file.
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Under Art 10 of the Convention, information may be held on witnesses, victims,
‘contacts and associates’ and informers. Thus, the Convention provides Europol
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