Hi,
I was wondering whether anyone has some more info regarding the European Criminal Records Information System (ECRIS) set to be launched next year. Does it mean member states will have have direct access to any convictions throughout the eurozone area or will it only be accessible on an individual basis upon specific requests?

Will the UK only exchange unspent convictions or will they give access to unspent convictions as well?

As I can read in the info page here on Unlock, it sounds like only criminal convictions will be shared? Can anyone shed some light if this is true or if reprimands, final warnings and cautions also be shared?

Thank you in advance and keep up the good work here on Unlock!

Found this info if anyone is interested:

"Article 9 of the database framework will prevent member states from using criminal data acquired through ECRIS for any purpose other than the one they gave as the reason for requesting it in the first place, and the EDPS has applauded this. But the legislation allows criminal data to be shared across Europe for any purpose, as long as its only for the purpose specified when requested.

There are clearly some advantages in allowing the system itself to be used for purposes other than that originally specified for it, which was to give judicial authorities information about the previous convictions of suspects of another EU nationality. (The scheme was originally forwarded by Belgium after their authorities had failed to pick up previous convictions of the French serial killer Michel Fourinet). For example, it will also be used to vet applicants for jobs with children and vulnerable adults.

But there is nothing in the legislation to prevent the system from being used to vet any job applicant for a shop-lifting offence, say, as is prevented in the UK's job vetting by the Rehabilitation of Offenders Act. Nor would it prevent, say, the provider of a public service vetting anyone for any kind of criminal conviction.

And the ECRIS proposal does specifically decree a few spurious-sounding offences be shared between member states. For example: "Offences related to committing suicide", "Insult of the State, nation or State symbols", "Abuse of alcohol or drugs", "Driving without seat belts or child seat", and "Other Offences". It will also require that agencies share information about which children have been ordered into special education institutions.

Read more: https://www.theinquirer.net/inquirer/news/1007668/peer-peer-police-database-baffles-regulators#ixzz1LmhhM8db
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In the "Council Decision on the establishment of the ECRIS" (https://www.statewatch.org/news/2009/jan/eu-council-decision-ecris-14571-08.pdf), it says:

"Since the objective of this Decision, namely the development of a computerised system for the exchange of information on convictions between Member States, cannot be adequately achieved by the Member States unilaterally, and can therefore, by reason of the necessity for coordinated action in the European Union, be better achieved at the level of the European Union, the Council may adopt measures, in accordance with the principle of subsidiarity referred to in Article 2 of the Treaty on European Union and set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve that objective."

Depending on how the UK interprets this, reprimands, final warnings and cautions should not be included as they don't constitute convictions (as I've understood it...). Unfortunately it says nothing regarding spent convictions

Post Edited (Sarje) : 08/05/2011 19:54:50 (GMT+1)

The little heard of ‘Prum’ treaty already lets police forces and security services access your DNA and fingerprints throughout the European Union on a specific request basis. Given the UK’s ever closer co-operation with Europe, I think you might take for granted that it’s a matter of time before they have access to everyone and everything. ECRIS is certainly one way of doing this and you would want to wonder why they would invest in it if not on a sharing basis. If your cautions or whatever appear on the UK CRB, there’s a good probability that they will be able to be accessed, if not sooner, then later.

One big European CRB? Now that should have a lot of untraceable economic migrants panicking!  

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