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10143/09 NP/hm 1DG H 3A

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COUCIL OFTHE EUROPEA UIOBrussels, 20 May 200910143/09JAI 324CATS 55ASIM 54EFOPOL 145CRIMORG 85I/A ITEM OTE

from : Presidencyto : Coreper/CouncilSubject :Follow-up on the outcome of the January Informal JHA Ministerial Meeting in thefield of Modern Technologies and Security- Presidency Paper 1. On January 15, 2009, the Informal JHA Ministerial Meeting discussed the use of moderntechnologies for security purposes. The ministers widely agreed that this rapidly developingarea requires a systemic approach. The ministers noted, in particular, that law enforcementauthorities cannot fall behind criminals in their capability to use efficiently moderntechnologies.2. With the conclusions of the Future Group as a basis, the informal Council also supported a balanced approach where the gathering and exchange of information are concerned. Thetriangle of fundamental values – protection of privacy, freedom of movement and security – must always be taken into account. While there has not been a preference to establish newworking bodies specifically designed to cover ethical issues or human rights concerns, theministers noted that the EU already has competent institutions and bodies whose mandate willappropriately provide for collaboration in these issues. They also stressed the particular importance and the necessity of the protection of privacy.

10143/09 NP/hm 2DG H 3A

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3. Therefore, the Presidency focused the general discussions on the necessary steps to achievethe goals set out by ministers. This included- the elaboration of criteria or principles/guidelines that should be applied during the preparation and the development of new systems of information exchange within the EUand- a mapping of the practical needs of law enforcement.

4. The Coreper is therefore requested to invite the Council to take note of the follow-up tothe informal JHA Ministerial meeting on these two strands of work, as set out in theannexes to this document.

10143/09 NP/hm 3ANNEX I DG H 3A

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AEX IParticular criteria as part of fundamental guidelines on how to develop, within a Europeanframework, the future models of information exchange

The aim remains that of reaching a consensus on the direction in which to continue the work toelaborate/establish a set of general criteria, which should serve as fundamental guidelines on how todevelop, within a European framework, the future models of information exchange.Incorporating these fundamental guidelines into further activities of the EU will have a particular importance with a view to the development and implementation by the EU of the area of Justice andHome Affairs, namely the drafting and implementation of the Stockholm Programme.The guidelines should be further elaborated in the course of preparation of the strategy for information management.Particular criteria should deal with the following issues, not excluding other important andnecessary guidelines for development:

Balance between protection of privacy, freedom of movement and security (triangle)

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Assessment of the impacts of the proposal on all three values in a general context.

This is a general discussion on the adequacy of intrusions into privacy, effects on freedom of movement and added value of the proposal for strengthening security.

Practical requirements of the law enforcement community

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Assessment of the added value of the proposal, its necessity and usefulness, with regardsto the needs and requirements of the law enforcement community.

The development of new technologies and systems must be the outcome of requirements andneeds of these entities in MS. Therefore, it is essential to focus on how newly proposedsolutions will contribute to supporting the activities and strengthening cooperation of specificlaw enforcement entities and those ensuring internal security.