- Securing a Data Adequacy agreement with the EU. MIS's capabilities ***. Securing a Data Adequacy agreement that enables the UK and EU to freely share personal data is essential ***.
- Access to important EU tools and measures. The UK is a significant contributor to the Schengen Information System II (SISII),[1] Passenger Names Records (PNR),[2] the EU Intelligence Analysis Centre (EU INTCEN),[3] and Europol.[4] These tools are of importance to law enforcement partners, and it is vital that any agreement secures future interoperability so that the UK can take advantage of developments in technology and approach over time for these and other tools. ***.[5]
307. As at 31 January 2020, MI5 advised that negotiations with respect to the UK's access were still continuing, and cautioned that:
***, the limitations placed on security cooperation will have a detrimental impact on ***. However, MI5 are committed to ensuring that the Brexit process will not compromise the close relationship they have built with European partners over a number of years and significantly increased over the last decade. Indeed, MI5 need to strengthen relationships as the UK leaves the EU to improve its effectiveness at tackling shared threats. MIS have done so by increasing bilateral and multilateral engagement since the Brexit referendum and will continue this trend into 2020.[6]
308. The Director General of MI5 updated the Committee on intelligence-sharing and co-operation with its European counterparts post-Brexit. He observed that there had been no discernible impact on practical relationships, although it was possible that there could be issues around ***:
The core answer is that the [practical] relationships that we enjoy with our European counterparts, both multilaterally and bilaterally, remain very strong. They really do. ***. It is embedded very strongly because the threats require it. So I do not have any particular concerns at that level.
Clearly alongside those operational relationships, which I am confident are in good health and are likely to remain in good health, there are some more technical things around some of the tools and measures that the UK previously enjoyed, not all of which have persisted into the new situation, but the ones that mattered most to us have. So *** for example, Europol, you know, *** remain available to us. ***
So there are some shifts, for most of which we have adequate mitigations ***. The other place we will need to continue to watch is around data flows.[7]
- ↑ SISII is a Schengen area-wide travel-zone watch-list which allows participating states to place alerts against Subjects of Interest (SOIS) which are accessible to police and border agencies across Europe.
- ↑ Passenger Names Records provide flight and booking data for individuals travelling in and out of the UK.
- ↑ EU INTCEN is the intelligence hub for the EU, and provides assessed intelligence to the EU institutions and Member States.
- ↑ Europol is the EU's law enforcement agency. Its mission is to support Member States in preventing and combating all forms of serious international crime and terrorism.
- ↑ Written evidence - MI5, 31 January 2021.
- ↑ Written evidence 31 January 2020.
- ↑ Oral evidence - MI5, 29 April 2021.
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