The EU is pushing ahead with a controversial agreement that would allow Europol to share sensitive personal data on Palestinians with Israel, despite EU legal advisers warning that the arrangement could breach international law and potentially enable the targeting and killing of Palestinians.
The proposed agreement would allow Israel access to information including names, identification numbers, locations, genetic and biometric data, political views, beliefs and personal details. Rights groups have warned that the information could be used not only against Palestinians in the occupied territories, but also against Palestinian activists and members of the diaspora living in Europe.
A leaked 2022 document shows that the EU Council’s own legal advisers warned that allowing the data to be used in the occupied Palestinian territories could legitimise Israel’s occupation and violate international law. Despite these concerns, the European Commission continued negotiating with Israeli officials between 2023 and 2026, including throughout Israel’s war in Gaza.
Legal experts have warned that data transferred under the agreement could be used as intelligence supporting decisions to target and kill Palestinians, while also facilitating surveillance, movement restrictions, criminalisation and detention.
Nonetheless, the European Commission has defended the proposed agreement, saying it would contain safeguards to protect fundamental rights and restrict the use of data in connection with the death penalty. Critics, however, argue that the EU risks facilitating Israeli surveillance and repression while knowingly proceeding despite its own legal warnings.
