Europol

What is Europol?

The mission of the European Police Office (Europol) is to improve the efficiency and cooperation of the Member States' competent services in order to prevent and fight organized international crime, such as:

  • terrorism;
  • drug trafficking;
  • trafficking in human beings;
  • illicit immigration networks;
  • illegal trade in radioactive and nuclear waste;
  • illicit vehicle trafficking;
  • counterfeiting and the forgery of means of payment;
  • money laundering.

Europol does not have executive powers like the Member States' police services. It cannot interrogate individuals or search houses. Europol is in charge of facilitating the exchange and analysis of information, and of coordinating operations between Member States.

More in particular, in the context of police cooperation between Member States, Europol:

  • facilitates information exchanges between Member States;
  • collects and analyses information and intelligence;
  • communicates relevant information to the Member States' competent services via international units, and immediately informs the former of the links between criminal facts;
  • facilitates investigations in Member States;
  • manages a computerized system of collected information;
  • assists Member States in the training of members of the competent authorities;
  • facilitates technical support between Member States;
  • is the point of contact in the fight against euro counterfeiting.

Is there supervision of the personal data processed by Europol?

A Joint Supervisory Body (JSB), composed of representatives of the national supervisory authorities (including the Commission for the Protection of Privacy), is charged with reviewing Europol's activities to ensure that the rights of the individual are not violated by the storage, processing and use of data held by Europol. One way in which the JSB fulfils this general task is by carrying out inspections of Europol.

Under the Europol Convention the JSB is also responsible for considering whether Europol follows the principles of data protection in a number of specific areas. These specific tasks include examining and commenting on the opening of specific analysis files; monitoring the permissibility of the transmission of data originating from Europol; examining questions relating to implementation and interpretation of the Europol Convention; analysing the rules governing the transmission of personal data by Europol to third bodies and non-Member States; and drawing up harmonised proposals for common solutions to existing problems.

The JSB is responsible for upholding the rights individuals have in relation to their personal information. This includes considering the appeals of individuals who have requested access to their information but who are not satisfied with Europol's response.

What are your rights?

You have the right of access. The right of access is the possibility for any individual to access – upon simple request - information relating to him kept in a file. This is a fundamental data protection principle, so that data subjects have control over the personal data third parties keep about them.

The right of access has been provided for explicitly by article 19 of the Europol Convention. It has been completed with a right of correction or deletion of incorrect data relating to you (article 20 of the Europol Convention).

To exercise your rights, you should make a request in writing to a competent authority in any of the Member States. Your request will then be sent to Europol. Europol is required to have fully dealt with your request within three months. The right of access is exercised in accordance with the law of the Member State where the request was made.

If you are not satisfied with Europol's decision, you may appeal to the Joint Supervisory Body. You may also refer the matter to the JSB if you do not receive a response to your request within three months.

How to exercise your rights in Belgium?

In Belgium, the right of access is indirect. In other words, you can exercise your rights through the Commission, which is your point of contact. The procedure is free of charge.

You are required to send the Commission a dated and signed letter (including your name, first name, date of birth and nationality, as well as a copy of your identity card, passport or an equivalent document).

The request also has to contain the following elements, provided they are known to you:

  • a precise indication of the authority or the service responsible for the alert;
  • all relevant elements relating to the data under dispute, such as their nature, the circumstances or the cause for consultation of the data under dispute;
  • the desired corrections, if any.