Debate: refusal to disclose details of implementation US-EU anti-terror deal

2015-01-08

The EU and the US are able to share information about bank transfers in order to track suspected terrorists thanks to the Terrorist Finance Tracking Program (TFTP) Agreement, also known as the Swift agreement. However, as Europol refuses to give public access to an annual audit report on it, there are concerns about whether there is enough democratic oversight of the deal's implementation. The EP's civil liberties committee will discuss it with European ombudsman Emily O'Reilly on Thursday.

The TFTP agreement has been in force since August 2010. It is up to Europol to verify if requests by the US are proportionate and necessary. At the same time Europol’s Joint Supervisory Body (JSB) monitors whether in doing this, the organisation respects the EU's requirements for protecting personal data.

In 2013 an MEP submitted a complaint to the European ombudsman, alleging that Europol wrongly refused public access to an annual JSB audit report. However, as the ombudsman was not allowed to inspect it, the inquiry had to be closed. Europol said that disclosure was not possible as the US refused to give the necessary consent.

On Thursday, MEPs will discuss the case, including concerns that an agreement with a foreign country could affect democratic control of measures and decisions taken by EU institutions and bodies.

Source: European Parliament