The internal document, dated November 2022 and classified as EU Restricted, warns that the Commission’s draft agreement breaches both EU and international law. Legal advisors specifically flagged a derogation clause that would allow Israeli security agencies, including the Shin Bet, to use transferred data in the West Bank, East Jerusalem, and the Gaza Strip under the guise of preventing imminent threats. This, the report asserts, conflicts with the Palestinian right to self-determination and the EU’s long-standing policy regarding the 1967 borders.
Leaked Legal Advice Challenges EU-Israel Europol Data Agreement
A confidential legal opinion from the Council of the EU has cast doubt on the legality of a proposed Europol data-sharing deal with Israel, arguing the European Commission overstepped its mandate by including provisions that could extend the agreement’s scope to territories occupied since 1967.
Despite the Council’s concerns, negotiations reportedly continued behind closed doors. Between 2023 and early 2026, Commission officials held at least seven meetings with Israeli counterparts without informing the Council’s working party. Critics argue this lack of transparency, combined with the risk of sensitive data—including biometric and genetic information—being used for administrative detention or military targeting, creates a severe human rights liability. While the Commission maintains that its general data adequacy decisions for Israel remain valid, experts warn that extending these protocols to occupied territories undermines the very legal framework governing EU data protection standards.
Comments (0)
No comments yet. Be the first!