The UK's DNA database is 50 per cent larger than those of all Prum Treaty Member States combined
Peers on the Lords European Union Committee criticise the German EU Presidency for attempting to bypass the proper procedures in trying to incorporate the Prum Treaty into EU law.
The Prum Treaty between Germany, Austria, Spain, France and the Benelux countries gives the signatories access to each other's national databases containing DNA profiles, fingerprints and vehicle registration data.
This is being extended to all Member States and will take the place of EU initiatives which in some respects would have gone wider.
The peers criticise the Germany Presidency for putting this proposal forward without an explanatory memorandum, an impact assessment, an estimate of the cost to Member States, or time for proper consultation with Member States and the European Parliament.
The Presidency's proposal has provisions on data protection which are intended to supplement a general Data Protection Framework Decision, but no such Framework Decision has been agreed.
The peers' report says the Government must make sure it is agreed before the Prum Treaty becomes EU law.
A major concern of the Committee is that the UK has a much lower threshold for collecting and holding DNA profiles than any other Member State.
The UK's DNA database is 50 per cent larger than those of all other Member States combined.
In most European nations DNA profiles are kept only for criminals convicted of serious offences.
In the UK they are kept for most individuals who are arrested regardless of whether charges are brought or convictions achieved.
But the Lords' report warns this could result in British citizens who have never been convicted of any crime having their DNA details shared across European police forces.
Lord Wright of Richmond, who chaired the Lords Committee looking at the Prum Treaty said: "We have serious concerns about the way the German Presidency are trying to incorporate the Prum Treaty into EU law.
"What was an agreement between seven Member States is now intended to become law binding across the EU.
"The Presidency should have followed the established procedures to allow Member States, national Parliaments and the European Parliament, a proper opportunity to consider the proposal.
"We regret that the Presidency declined to give evidence to the Committee about the Proposals.
"The Presidency proposal needs unanimity. The Government now have an opportunity to ensure that uniform data protection standards are agreed across the EU before anything else is agreed."
The Committee stresses the importance of EU initiatives on increased cross border cooperation in combating terrorism and serious crime.
But it regrets that these will be replaced by the arrangements between Germany and six other Member States.
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