In 2011, the Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA was adopted. Among other measures, it requires from EU Member States (MS) the establishment of National Rapporteurs and Equivalent Mechanisms. They should both monitor trends in human trafficking and measure results on anti-trafficking action, including collecting statistics in close cooperation with civil society (Article 19). There are currently different types data collection on human trafficking and evaluation initiatives in Europe, including different cooperation models between governmental and non-governmental organisations.
Therefore, the nature of cooperation between data collecting authorities and civil society actors needs to be firmly defined with a clear delineation of responsibilities and mandates for each respective stakeholder. The cooperation model should guarantee the obligation to confidentiality of the counsellor as well as the task of the collecting authority to access anonymous, standardised and international comparable data.
In addition, ‘The EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016’ (COM (2012)286 final) requires the establishment of an EU model for a Transnational Referral Mechanism (TRM) by 2015. The concept of TRMs is based on a formalised identity status of trafficked persons and the cross-border referral of their respective personal data to the relevant authorities of the countries of origin.
datACT seeks to critically analyse these procedures against European data protection standards in order to strengthen the rights of trafficked persons as data subjects.
Currently, the EU data protection provisions undergo a comprehensive reform, the existing Directive 95/46/EC and the Framework Decision 2008/977/JHA will be transformed into two new EU instruments. A Regulation setting out a general EU framework for data protection, and a Directive setting out rules on the protection of personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences and related judicial activities).
datACT will contribute with its research and findings to the consultative procedures for the reformulation of EU data protection provisions.
datACT was made possible by a generous contribution from the OAK Foundation.