US and Germany to share terrorist fingerprint data

Officials from the United States and Germany have signed a bilateral agreement related to sharing access to biometric data and spontaneous sharing of data about known and suspected terrorists.

Attorney General Michael B. Mukasey and Secretary of Homeland Security Michael Chertoff joined the German Interior Minister Wolfgang Schäuble and Justice Minister Brigitte Zypries in initialing the agreement.

The agreement gives the countries mutual access to fingerprint databases for the purpose of determining if evidence in them could be helpful in criminal investigations and prosecutions. It also sets forth procedures for obtaining that evidence through lawful processes, while ensuring that personal data is appropriately protected.

The agreement additionally provides a mechanism for the US and Germany to share information about known and suspected terrorists, allowing the two countries to more readily assist one another in preventing serious threats to public security, including terrorist entry into either country.

"Beyond the important practical value of this agreement, it symbolizes the joint resolve of Germany and the United States to fight terrorism and transnational crime,” said Attorney General Mukasey.

Under the agreement, the U.S. and Germany can, for the purpose of advancing criminal investigations and prosecutions, query each other’s fingerprint databases with unknown prints to determine if the other party has information about the print. If a “hit” is received, the querying party will make a mutual legal assistance request for identifying data, and the use of that data is governed by treaty. If no hit is received, then no information is retained.

Additionally, the agreement contains a spontaneous sharing article that can be used to share biographic and fingerprint information about known and suspected terrorists, as well as information about planned attacks or persons trained to commit terrorist acts.

Attorney General Mukasey and Secretary Chertoff were visiting Germany for the initialing ceremony and to hold bilateral meetings with their German counterparts.