The EU police agency gets a new legal basis after six years. The expansion of its powers is hardly matched by new possibilities for supervision. A parliamentary control group even proves to be a driver for the expansion of an already powerful agency.
The EU Parliament has voted by a large majority to extend Europol’s powers. The negotiators of the Home Affairs Committee and the Council had agreed on the new regulation in February. With 480 votes in favour, 143 against and 20 abstentions, it was now approved in plenary.
The new text considerably expands the powers of the police agency based in The Hague. As in the investigations into the encrypted messenger services Encrochat and SkyECC, Europol will in future be allowed to receive millions of pieces of data from private companies in order to analyse them. Also in the area of crimes against the sexual self-determination of children, Europol will in future receive large data sets from companies and process them forensically. „EU Parliament approves: Europol Regulation on the home straight“ weiterlesen
The FBI had a crypto-messenger programmed that was fully intercepted. For legal reasons, the US authority received the intercepted communication via detours. Because of „hearsay court orders“, its use in German criminal proceedings is questionable.
Ever since the encrypted messenger service EncroChat was hacked by authorities from France and the Netherlands in March 2020, investigative proceedings have been piling up at law enforcement agencies across Europe. Millions of chat messages have been transmitted via Europol to the relevant authorities in EU member states for follow-up. Almost every day, therefore, there are new raids, arrests or convictions in Germany as well.
Although the hack was presumably carried out by a French secret service and involved mass surveillance without any reason, the German Federal Supreme Court – unlike some regional courts before it – recently allowed the use of EncroChat data as evidence in Germany in principle. This was because the information had been collected by France, i.e. an EU member state, and passed on within the framework of European mutual legal assistance. The countries participating in this set of rules were to be trusted in principle. „German ANOM investigations: The mysterious EU third state“ weiterlesen
For years, the EU police agency has been storing dumps of data on crime victims and witnesses. New legislation will legalise this practice. An exception should now apply to information Europol collected before it comes into force.
According to a proposal by the EU Commission for a new Europol regulation, the EU police authority is to be given even more far-reaching powers for its data collections. An Article 18a is envisaged, according to which Europol may keep personal data on victims and witnesses of crimes for a longer period of time. Under the current regulation, this is not allowed.
Three weeks ago, the European Data Protection Supervisor (EDPS) Wojciech Wiewiórowski therefore ordered Europol to delete data records on this category that are more than a year old. Accordingly, further storage is only possible for data on criminals. The governments of the EU member states now want to use a trick to circumvent this order. The new regulation is supposed to allow the questionable storage practice for victims and witnesses retroactively. „New Europol regulation: EU member states want to blindside parliament with renewed time stamps“ weiterlesen
The Portuguese Presidency is calling for an EU-wide regulation on access to encrypted content by police and judiciary. This should also affect device manufacturers. Failure to comply could result in companies being banned from doing business in the EU.
The European Union is to adopt a legal framework on decryption in the near future so that authorities can access „lawfully relevant data“. This was written by the Portuguese EU Council Presidency in a Communication which also presents a roadmap for this purpose. An important milestone is a proposal for „way forward“, which the EU Commission will prepare by 2022.
The paper from Portugal has been coordinated with the previous German and the upcoming Slovenian EU Presidencies. The German Ministry of the Interior had taken a new initiative against end-to-end encryption at the start of this so-called trio presidency and adopted a Resolution and Conclusions on the implementation of decryption capabilities. It states that the member states themselves should decide on the methods they use. „EU Council and Commission: New roadmap for access to encryption“ weiterlesen