The Council and the Commission see the agreement being based on the work of the Report by the High Level Contact Group (HLCG) on information sharing and privacy and personal data protection (EU doc no: 15851/09, pdf).
European Data Protection Supervisor (EDPS): Opinion on the High Level Working Group: Final Report (November 2008, pdf)
In HLCG Report the "Scope" is set out in Section 1:
"The European Union would apply these principles for "law enforcement purposes", meaning use for the prevention, detection, investigation or prosecution of any criminal offence." and: "The United States would apply these principles for 'law enforcement purposes', meaning for the prevention, detection, suppression, investigation, or prosecution of any criminal offence or violation of law related to border enforcement, public security, and national security, as well as for non-criminal judicial or administrative proceedings related directly to such offences or violations." (emphasis added)
and see: EU-US High Level Contact Group on data protection and data sharing (HLCG) (EU doc no: 14574/09, pdf)
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