Judicial authorities in the European Union are expanding their joint actions to combat terrorism by sharing a wider range of data on terrorism cases with Eurojust. Following an amendment to the Eurojust Regulation on October 31, 2023, EU Member States now have an advanced legal basis to deliver information related to ongoing and completed terrorism cases. This data will be transferred to the European Judicial Counter-Terrorism Register (CTR) operated by Eurojust, which will help detect connections between terrorism cases or connections with other serious offences more effectively.
“Close coordination and early information sharing are crucial ingredients in the successful fight against [terrorism],… and this is precisely what we expect to achieve by reinforcing the Counter-Terrorism Register,” stated Eurojust President Ladislav Hamran.
Established in September 2019 in light of the 2015 terrorist raids in Paris and Saint-Denis, the CTR is an active tool that helps identify connections between suspects and terrorist networks previously unfamiliar to national authorities. Historically, information on judicial proceedings against suspects of terrorist offences was sent to Eurojust on the basis of Council Decision 2005/671/JHA.
In December 2021, the European Commission presented an amendment to the Eurojust Regulation to enhance the digital exchange of information. The Commission suggested removing the Council Decision provision so information could be sent to the agency as soon as a case is referred to judicial authorities.
Specifically, the amendment aimed to achieve the following objectives: Improve Eurojust’s ability to identify links between primary and ongoing cross-border terrorism cases and other forms of heavy cross-border crimes. Specify a modern case management system (CMS) that delivers a secure digital communication medium between Member States and Eurojust. Simplify collaboration with third countries by giving Liaison Prosecutors direct access to the CMS.
Following its formal adoption by the EU Parliament and the Council, the legislative amendment of the Eurojust Regulation was issued in the Official Journal of the European Union on October 4, 2023. To further enhance the EU’s information-sharing procedures, Eurojust is also setting up a unique digital infrastructure that will include a CMS that incorporates and enables the functionalities of the CTR. The system will be linked to national authorities through secure communication channels under the European Commission’s strategy to modernize the EU justice systems.
The Financial Action Task Force (FATF) highlights the importance of effective information sharing in its 2022 report on Data Protection, Technology, and Private Sector Information Sharing. In the report, the FATF traces how timely information sharing can enable financial institutions (FIs) to develop innovative approaches to tackle money laundering and terrorist financing more effectively.
In light of the emphasis on enhanced information sharing to fight financial crime, compliance teams may think about exploring and assessing their own information-sharing protocols to support combat complex modern crimes. When doing this, the FATF recommends: Complete privacy risk assessments, data protection influence assessments (DPIAs), and human rights impact assessments (HRIAs). Ensure AML/CFT professionals and technology providers are engaged in any talks on information-sharing initiatives to assist ensure the technical design and output of the initiative are in line with objectives.
Make use of existing general data prepared in structured structure (e.g., data fields used in SWIFT). Set clear performance hands or metrics to assess results and gauge success to ensure the information-sharing enterprises reach their goals. Take into account local law and context. Take a phased process. Introduce data purification initiatives prior to sharing.
