Raja Natour – Why EU-Israel data-sharing deal must be quashed

Scandalous that a data sharing agreement between the EU and Israel is even a topic for discussion in Brussels – will these people ever learn?

Raja Natour is a seasoned journalist and Middle East specialist with extensive experience covering Israel, Palestine, and European affairs. Formerly chief opinion editor at Haaretz in Arabic, she has led editorial teams and contributed to prominent international outlets. She holds a master’s degree in conflict resolution from the University of Bradford.

Cross-posted from Middl e East Eye

I recently found myself wishing that every official who pushed for a data-sharing deal between Europol and Israeli police would have to walk through the world knowing that every intelligence agency in Europe – and beyond – had access to the most intimate details of their private lives; that they, too, would live with the constant fear that this information could be used against them at any moment, anywhere.

This is exactly the reality that the European Union is preparing for millions of Palestinians : to turn their lives into open books for Israeli authorities, forcing them to navigate the world under perpetual threat and surveillance.

In 2022, it appeared that negotiations between the EU and Israel over an operational police cooperation agreement had reached an impasse, largely due to questions over its application to the occupied territories – namely the West Bank, the Golan Heights and the Gaza Strip.

Yet despite the fact that the draft agreement contains a highly problematic and dangerous clause in which the EU would share sensitive personal information about Palestinians with Israel, a new investigation has revealed that talks continued at least until this past January – despite the ongoing genocide in Gaza .

Europol has long assisted EU member states with information sharing, intelligence analysis, and security coordination involving Israel. In 2005, the EU council designated Israel as a “priority partner” – a puzzling move, given Israel’s status as an occupying power that routinely violates international law . Europol subsequently began formal negotiations for a cooperation agreement with Israel.

But the talks were reportedly stalled by concerns over Israel’s compliance with EU data protection standards and the location of Israel’s police headquarters in occupied East Jerusalem. I must admit, when I read that these were among the EU’s key concerns, I wondered how such questions could still be up for debate.

The EU and Europol know perfectly well that Israel does not comply with international treaties and law. Why is the question not whether Israel should have access to sensitive personal data about Palestinians in the first place?

Why should Palestinians have to live with the knowledge that any police officer or Shin Bet agent could know their sexual orientation or intimate personal details? Why should Palestinians walk the world in fear of immediate destruction at any moment?

Lack of transparency

The sequence of events is familiar: after a “ working arrangement ” between Europol and Israel, which did not allow personal data sharing, was signed in 2018, the EU began negotiating a new agreement.

By September 2022, a draft was reached that nominally restricted data use in the occupied territories, but included broad exceptions for Israeli authorities in the event of an alleged “imminent threat to life”. The draft covers highly sensitive data, from political opinions to sexual orientation, with the EU promising safeguards – but in practice, none of these mechanisms can truly protect Palestinians from misuse by a state with a record of human rights violations.

Negotiations have continued since then, with little transparency – and as of today, the final outcome remains unclear.

Yet rather than focusing on the dangers and consequences for Palestinians – including the risks of Israel sharing sensitive data with other regimes – the main EU debates have been about legal technicalities and procedures.

The EU’s message is plain: we have no problem with sharing Palestinians’ sensitive data with Israel, as long as it’s not used in the occupied territories. Outside those territories, we don’t care.

If the EU genuinely valued Palestinian lives, the questions and dilemmas would be entirely different. Instead of debating how to implement the agreement, the EU would focus on the dangers to Palestinian lives, both inside and outside Israel. If approved, this deal wouldn’t just ignore Palestinian safety; it would enshrine a hierarchy wherein Palestinian blood is valued least of all.

The lack of transparency around negotiations further highlights how the institutional priority remains process and partnership, rather than the real-world impacts on Palestinian rights and safety.

This agreement must be rejected outright. The EU knows full well that Israel is an occupying power that violates international law, and that it does not meet “European standards” for data protection and privacy rights. It never has, and it has no intention to start now.

The very idea that Israel could be compelled to create mechanisms or procedures to limit and monitor its misuse of Palestinians’ personal data is naive and absurd. How exactly would the EU monitor the all-powerful Shin Bet? The EU would likely just add a token clause asking Israel not to misuse the data; merely ticking a box.

Risk transcends borders

The expectation that Israel would establish meaningful oversight is delusional for two main reasons. Firstly, Israel’s Privacy Protection Authority operates within the justice ministry, which is an integral part of the political-legal apparatus that has long oppressed Palestinians.

Secondly, even if Israel’s justice ministry wanted to curb abuses, its oversight powers over security agencies are extremely limited, especially given its weakened state under Prime Minister Benjamin Netanyahu’s government .

The EU knows perfectly well that Israel would use this personal data anywhere and anytime – for alleged “security purposes” – to threaten, blackmail, persecute and silence Palestinians. This would make all Palestinians collectively more vulnerable, while turning them into military-security targets for elimination inside and outside Israel.

Data transferred under this agreement could be used for surveillance, investigations and arrests, potentially forming part of a body of operational intelligence leading to administrative detentions or targeted killings. The risk transcends borders, and is relevant for Palestinians everywhere – including activists, journalists and human rights defenders across Europe.

If this agreement moves forward, the EU – whether knowingly or otherwise – may effectively end up imposing a death sentence on targeted Palestinians.

The EU would have no real ability to monitor whether Israel would And this is precisely Israel’s goal: to make Europe a dangerous place for Palestinians, rendering external opposition to Israel hazardous or impossible.

Despite the massive risk of abuse, the EU still chooses to empower the “strong” perpetrator – Israel – because it can supply weapons, training and advanced military technologies. Supporting the “weak” Palestinian victims yields nothing.

Emboldened by Europe’s leniency towards the genocide in Gaza, Israel continues to breach every legal, moral and human boundary. The draft data-sharing agreement poses a direct threat to the security and freedom of Palestinians everywhere.

I have a better suggestion for the EU and Europol: instead of sharing information about Palestinians with Israel, and thus enabling their continued persecution, perhaps you could share information on the whereabouts of war criminals – those who participated in the Gaza genocide and are now vacationing in Europe – so they can be brought to trial at The Hague, instead of enjoying impunity.

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