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All right, folks, I'm doing a back-of-the-envelope analysis on what's been published on the Brexit police and judicial co-operation deal and then will go and wrap some presents (will pop by @France24_en later).
Quick thread.
Quick thread.
As expected the "Trade and Cooperation Deal" covers both trade and co-operation on matters such as law enforcement, civil and criminal judicial matters and research. It contains an additional "horizontal" chapter on governance. 1/
The UK agreed to stay in the European Convention of Human Rights quite late during negotiations, but it was a breakthrough, as there can be no police and, especially, judicial co-operation without mutual trust on each other's human rights standards 2/
As such, the EU reserves the right to suspend the agreement if the UK drifts away from the ECHR (remember, a non EU law, enforced by the ECtHR, a.k.a., the Strasbourg court) 3/
Both parties agree to keep high standards of data protection which will be assessed by 'data adequacy' decisions on both sides of the Channel. Important: data adequacy is not, and was never going to be, part of this deal. It is a separate decision and will be problematic 4/
Why? Because these decisions take time, are temporary and can be easily challenged before the ECJ. They also require a co-operative European Parliament. And I am guessing the Parliament is not too happy about having been blatantly ignored in the process 5/
The ECJ has twice said that UK 'spy laws' breach EU law. Since I assume a sovereign UK on steroids is not about to change its surveillance laws, it is a question of time before the EP or anyone, really, brings a case before the court if there is an adequacy decision 6/
(Just don't count on @maxschrems. He said it would be way too easy for him to consider it an interesting enough challenge) 7/
An interesting bit on data: the European Commission says that the deal "(...) removes unjustified barriers to digital
trade, including prohibition of data localisation
requirements, while respecting data protection rules" 8/
trade, including prohibition of data localisation
requirements, while respecting data protection rules" 8/
Helas, the Commission's new Data Governance Act proposal suggests precisely that: data localisation. Not sure how the two things can be reconciled, but will be exploring it with @SamuelMarcLowe in the New Year 9/
The UK will lose access to all Schengen databases (SIS II etc.) But there will be sharing of both PNR (Passenger Name Record) and Prüm (DNA and fingerprints) data - subject to a positive data adequacy decision 10/
