Sarah challenges the European Council to reveal its definition of 'profiling'

11.01.10am UTC (GMT +0000) Wed 26th Mar 2008

Responding to developments in the creation of new EU databases which will be used to monitor people travelling in the EU, Sarah has challenged the European Council to come clean about its plans to profile travellers.

Sarah asked the Council:

"In light of the Commission proposals to introduce an EU PNR system COM (2007) 0654, an entry-exit system and an electronic travel authorisation system, could the Council specify its understanding of the concept of 'profiling' and in particular whether these systems would make use of it?"

The Council replied:

"This reply, which was prepared by the Presidency and which commits neither the Council nor the Member States as such was not presented orally during

Council Question Time at the European Parliament's March 2008 part-session in Strasbourg.

"As a preliminary remark, the Council would like to point out to the Honourable Member that there is not set EU, Council or Council or Europe definition of profiling. In its opinion on the Commission proposal for a European PNR system, the European Data Protection Supervisor has referred to a definition of profiling of a Council of Europe study, but has also acknowledged that there are ongoing discussions about the definition of profiling. Furthermore, the EDPS acknowledged that the main point at stake is not about definitions, but about the impact on the individual.

"The proposal for a European PNR system (COM (2007) 654) as it has been presented by the Commission does not seek to establish profiling as defined by the Council of Europe study. The latter defines profiling essentially as a computer method making use of analysis of data in order to take individual decisions regarding persons thereby identified.

"The proposal allows for the use of passenger name record (PNR) data only in the fight against organised crime and terrorism, mainly in order to gather information and intelligence of persons involved in such crimes. It provides for an analysis of passenger name record (PNR) data. These data are run against so-called risk-based indicators in order to assess the risk a passenger may pose. Such risk indicator are based on evidence obtained from reports, such as intelligence reports, and from previous cases. These risk-based indicators will be defined at Member State level, as the concrete risks may differ from Member State to Member State. The Commission proposal explicitly excludes the risk indicators to rely on sensitive data such as on ethnic or religious origin in case PNR data may contain such information.

"The Council would like to emphasise however, that Article 3(5) of the Commission proposal explicitly states the the Passenger Information Units and the competent authorities shall not take any enforcement action solely on the basis of automated processing of PNR data.

"In other words, based on PNR data, no enforcement action, including individual decisions, could be taken without human intervention by the competent law enforcement authorities.

"The Commission has on 13 February 2008 submitted its Communication on preparation of the next step in border management in the European Union (COM (2008) 69). In that Communication, certain possible new tools in border management are put forward for discussion, including the possible creation of a system to register the entry/exit of third country national and the possible creation of an electronic system of travel authorisation. However, no concrete legislative proposals have been made on the matter at this point. The said Communication, together with the Commission Communications transmitted on 13 February 2008 on respectively "examining the creation of a European Border Surveillance System (EUROSUR) (COM (2008 68) and "Report on the evaluation and future development of the FRONTEX Agency" (COM (2008) 67) will be discussed at the Ministerial Conference on the challenges of the EU external border management to be held in Brdo, Slovenia, on 11 and 12 March 2008."