Debates Parlamentares - Diário 021S1, p. 11 (2011-08-31)

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11 | II Série A - Número: 021S1 | 31 de Agosto de 2011

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED STATES OF AMERICA ON ENHANCING COOPERATION IN PREVENTING AND COMBATING CRIME

The Portuguese Republic and the United States of America, hereinafter referred to as “The Parties”,

Prompted by the desire to cooperate as partners to prevent and combat crime, particularly terrorism, more effectively;

Recognizing that information sharing is an essential component in the fight against crime, particularly terrorism;

Recognizing the importance of preventing and combating crime, particularly terrorism, while respecting fundamental rights and freedoms, notably privacy;

Following the example of the Treaty of Prüm on enhancing cross-border cooperation, and seeking to enhance and encourage cooperation between the Parties in the spirit of partnership;

Bearing in mind the Instrument between the Portuguese Republic and the United States of America as contemplated by Article 3 (3) of the Agreement on Mutual Legal Assistance between the European Union and the United States of America signed 25 June 2003, signed at Washington, on 14 July 2005, Agree as follows: Article 1 Definitions

For the purposes of this Agreement:

1) “DNA profiles” (DNA identification patterns) shall mean a letter or numerical code representing a number of identifying features of the non-coding part of an analyzed human DNA sample, i.e. of the specific chemical form at the various DNA loci; 2) “Reference data” shall mean a DNA profile and the related reference (DNA reference data) or fingerprinting data and the related reference (fingerprinting reference data), that cannot contain any data from which the data subject can be directly identified and must be recognizable as such when not traceable to any individual (untraceables); 3) “Personal data” shall mean any information relating to an identified or identifiable natural person (the “data subject”); 4) “Processing of personal data” shall mean any operation or set of operations which is performed upon personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, sorting, retrieval, consultation, use, disclosure by supply, dissemination or otherwise making available, combination or alignment, blocking, or deletion through erasure or destruction of personal data.

Article 2 Purpose and scope of this Agreement

1. The purpose of this Agreement is to enhance the cooperation between the Parties in preventing and combating crime.
2. The querying powers provided for under this Agreement shall be used only for the prevention, detection, repression, and investigation of crime.

11 | II Série A - Número: 021S1 | 31 de Agosto de 2011AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED STATES OF AMERICA ON ENHANCING COOPERATION IN PREVENTING AND COMBATING CRIMEThe Portuguese Republic and the United States of America, hereinafter referred to as “The Parties”,Prompted by the desire to cooperate as partners to prevent and combat crime, particularly terrorism, more effectively;Recognizing that information sharing is an essential component in the fight against crime, particularly terrorism;Recognizing the importance of preventing and combating crime, particularly terrorism, while respecting fundamental rights and freedoms, notably privacy;Following the example of the Treaty of Prüm on enhancing cross-border cooperation, and seeking to enhance and encourage cooperation between the Parties in the spirit of partnership;Bearing in mind the Instrument between the Portuguese Republic and the United States of America as contemplated by Article 3 (3) of the Agreement on Mutual Legal Assistance between the European Union and the United States of America signed 25 June 2003, signed at Washington, on 14 July 2005, Agree as follows: Article 1 DefinitionsFor the purposes of this Agreement:1) “DNA profiles” (DNA identification patterns) shall mean a letter or numerical code representing a number of identifying features of the non-coding part of an analyzed human DNA sample, i.e. of the specific chemical form at the various DNA loci; 2) “Reference data” shall mean a DNA profile and the related reference (DNA reference data) or fingerprinting data and the related reference (fingerprinting reference data), that cannot contain any data from which the data subject can be directly identified and must be recognizable as such when not traceable to any individual (untraceables); 3) “Personal data” shall mean any information relating to an identified or identifiable natural person (the “data subject”); 4) “Processing of personal data” shall mean any operation or set of operations which is performed upon personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, sorting, retrieval, consultation, use, disclosure by supply, dissemination or otherwise making available, combination or alignment, blocking, or deletion through erasure or destruction of personal data.Article 2 Purpose and scope of this Agreement1. The purpose of this Agreement is to enhance the cooperation between the Parties in preventing and combating crime.
2. The querying powers provided for under this Agreement shall be used only for the prevention, detection, repression, and investigation of crime.

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