Considering that it is in their common interest to extend their cooperation to, inter alia, the exchange of personal data, with due regard to the rule of law and protection of individual rights and liberties;
Considering that the Council of the European Union has given Europol the authorization to enter into negotiations on a cooperation agreement including the exchange of personal data and to agree to the following provisions with the United States of America;
Considering the letters exchanged between the Parties, and the letter attached thereto, which amplify the meaning of this Agreement;
Have agreed as follows:
(a) "personal data" means any information relating to an identified or identifiable natural person;
(b) "identifiable natural person" means a natural person who can be identified, directly or indirectly, by reference to, in particular, an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
(c) "processing of personal data" means any operation or set of operations which is performed upon such data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, combination, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
2. The exchange of strategic and technical information shall continue to be governed by the 2001 Agreement. Articles 4, 6 and 8 of the 2001 Agreement shall apply to this Agreement, mutatis mutandis.
3. This Agreement is intended solely for the purpose of cooperation between the Parties. The provisions of this Agreement shall not give rise to a right on the part of any private person to obtain, suppress, or exclude any evidence, or to impede the execution of a request, nor shall it derogate from any pre-existing right of a private party to do so.
4. Nothing in this Agreement may be interpreted in a manner that would prejudice or restrict the provisions of any Mutual Legal Assistance Treaty, working law enforcement relationship, or any other agreement or arrangement for the exchange of information between the United States of America and any Member States or institution of the European Union.
5. The Parties may carry out forms of cooperation other than the exchange of information to the extent and under the terms and conditions mutually agreed upon by them.
General terms and conditions
(i) disclosing in its proceedings, information or evidence that tends to exculpate an accused person. In this situation, the receiving Party shall notify the transmitting Party in advance of disclosure, or, in an exceptional case in which advance notice is not possible, without delay thereafter.
(ii) using without restriction information or evidence that has been made public as a normal result of having been provided.
Access by private persons or entities
Done at [ ] on the [ ]of [ ] 2002, in duplicate, in the English language.
FOR THE UNITED STATES OF AMERICA: FOR EUROPOL: