Answer given by Ms Malmström on behalf of the Commission
The collection and processing of personal data by Europol is governed by the provisions of Council Decision 2009/371/JHA of 6 April 2009(1) establishing the European Police Office.
The possibility for Europol to collect ‘behavioural data’ is limited only to Analysis Work Files (AWFs) and relates to the following categories of persons(2):
persons convicted for an offence of which Europol is competent; and
persons suspected of having committed or taking part in a criminal offence of which Europol is competent.
Behavioural data of the following categories of persons can also be processed, provided there is a reason to assume that such data are required for the analysis of the role of such persons:
contacts and associates; and
informants connected to the crime.
The Analysis Work Files are data bases, whose purpose is to centralise data relating to a specific criminal phenomenon in order to enable Europol's analysts to carry out analysis and produce intelligence which will support national investigations. AWFs are fed by contributions (data) of Member States and third States with which Europol has a cooperation agreement in accordance with their national legislations and with a high level of data protection.
The order opening each AWF must specify, inter alia, the groups of persons concerning whom data are stored and the nature of the data to be stored, including whether or not behavioural data will be processed.
The definition of behavioural data is laid down in the implementing rules for Europol's Analysis Work Files of 30 November 2009(3). The categories of personal data concerning behavioural data are:
Lifestyle (such as living above means) and routine;
Weapons and other dangerous instruments;
Specific risks such as escape probability, use of double agents, connections with law enforcement personnel;