Council and Parliament negotiations: EU laws on „E-Evidence“ reportedly on the home straight

Internet service providers are to facilitate the work of law enforcement agencies with orders to preserve and hand over their users‘ data. With an additional directive, companies must designate legal representation and establish points of contact.

Negotiations on the EU proposals on „electronic evidence“ („e-evidence“) could be concluded this year. This is according to a note from the then French Presidency of the Council distributed to delegations of EU member states on June 16. The British civil rights organization Statewatch, which published the document, therefore speaks of an „end game“.

According to France, the second political trialogue between the Council and Parliament on June 14 was a „turning point.“ The two legislative bodies disagreed mainly on the question of whether a state may oppose another country’s order to hand over „electronic evidence“. „Council and Parliament negotiations: EU laws on „E-Evidence“ reportedly on the home straight“ weiterlesen

Access to biometric data: Five states concede to U.S. government demand, MEPs speak of ‚blackmail‘

Visa-free entry to the United States will be tied to a new requirement. Officials there want to be allowed to conduct automated searches for fingerprints and facial images in national databases of EU states. In Brussels, questions now abound about the EU’s jurisdiction.

At least five governments worldwide have agreed to give the U.S. Department of Homeland Security access to their national biometric police databases. This is to become a new provision so that citizens of the countries concerned can continue to enter the USA without a visa. Most recently, Great Britain has agreed to such an Enhanced Border Security Partnership (EBSP); this was already known about Israel.

In addition, three EU countries are said to have already concluded a bilateral agreement with the government in Washington, MEPs in the Committee on Civil Liberties, Justice and Home Affairs (LIBE) learned last Wednesday in a meeting with the U.S. ambassador to the EU. However, they remained unnamed. „Access to biometric data: Five states concede to U.S. government demand, MEPs speak of ‚blackmail‘“ weiterlesen

Border Security Partnership: EU states consider unprecedented biometrics agreement with U.S.

In a letter to several EU member states and the Commission, the U.S. government threatens a new condition for visa-free entry. There is confusion in Brussels over a response. Parliament was the last to be informed about the initiative, although it concerns fingerprints and facial images.

Since the 9/11 attacks, the U.S. government and the European Union have entered into several data-sharing agreements. The TFTP treaty, for example, gives U.S. authorities details of global financial transactions through the Belgian company SWIFT. The PNR agreement forces the transfer of passenger data before each flight. Both agreements were controversial among data protectionists and fought over in the EU Parliament.

Now a new, much more far-reaching agreement in the security field is on the agenda. The U.S. Department of Homeland Security is demanding direct access to police biometric databases in the EU. The fingerprints and facial images stored there are intended to facilitate the identification of individuals in the context of U.S. immigration controls. „Border Security Partnership: EU states consider unprecedented biometrics agreement with U.S.“ weiterlesen

Data retention and decryption: Justice and Home Affairs Council wants more surveillance

EU member states will call for bypassing encryption also for counterterrorism and law enforcement. In addition, the entry of extremism suspects should be prevented and their assets frozen in the Union.

Tomorrow, the EU justice ministers will hold their regular meeting in Luxembourg, followed the next day by the interior ministers. Together, they form the Justice and Home Affairs Council, where member states adopt pending legislation or make policy statements.

In addition to the legislative projects, the interior ministers also want to adopt conclusions on the fight against terrorism on Friday. Under the title „Protecting Europeans from terrorism: achievements and next steps“, measures are called for in various areas. There are now several versions of the document, all of which have so far been classified. However, the British civil liberties organization Statewatch has posted an April 11 version online. „Data retention and decryption: Justice and Home Affairs Council wants more surveillance“ weiterlesen

New regulation: Europol becomes the Big Data police

Following the decision of the EU interior ministers, the new Europol law will come into force in June. The police agency will thus receive new areas of responsibility and powers.

Comparatively quickly, EU member states and the Parliament have launched a new Europol regulation. Once set up to fight drug trafficking, the agency is being given even more powers. However, the agency in The Hague is still not a „European FBI“.

At the end of 2020, the Commission had presented its proposal for the new regulation; in May this year, the three EU decision-making bodies agreed on a final version. After the Parliament, the EU interior ministers also confirmed the final version last week. Now only the publication in the Official Journal is missing, then the new law will apply. „New regulation: Europol becomes the Big Data police“ weiterlesen

Prüm II: EU Committee criticises planned obligation for facial recognition

All EU member states are to network their police facial images and investigation files across Europe. This puts pressure on some governments without such systems.

The European Economic and Social Committee (EESC) has criticised plans to oblige all EU member states to set up a uniform system for police searches of facial images. The EU Commission had presented such a proposal for a new regulation in December. It is to extend the automated data exchange under the Prüm decisions to facial recognition.

In its opinion, the EESC writes that member states should decide for themselves whether to follow the extension of the Prüm system to facial recognition, which was adopted in 2008. So far, such matching is only possible for fingerprints and non-coding DNA data. „Prüm II: EU Committee criticises planned obligation for facial recognition“ weiterlesen

Traveller screening: Europol wants to collect data on Europeans crossing borders

Frontex and Europol want to create an indivdual file for all travellers and check it against various databases. The analysis is to be carried out with AI.

EU agencies Europol and Frontex are proposing to link different databases to improve the screening of business travellers and tourists. A profile is to be automatically created for every person who wants to cross an external European border. The information contained in this „traveller file“ would then be subject to risk analysis.

The proposal can be found in the final report of a „Future Group for Travel Intelligence and Border Management“, in which Europol and Frontex have joined forces with unspecified experts from police, secret services, border and customs authorities. The envisaged platform is called the European System for Traveller Surveillance (ESTS). „Traveller screening: Europol wants to collect data on Europeans crossing borders“ weiterlesen

New EU information system: EU member states push for police use of biometric repository

The EU is merging biometric data from different databases into a „Common Identity Repository“. Security authorities are to use it to compare fingerprints and facial images. This will affect tourists, business travellers and refugees from third countries.

If the European „Entry/Exit System“ (EES) goes into operation as planned in four months, all travellers will have to provide fingerprints and facial images when crossing an EU external border. This database is now to be used increasingly by security authorities. The EU interior ministers want to adopt conclusions on this in the Council. The British civil rights organisation Statewatch has published a draft of these conclusions.

The coveted data will be stored in a „Common Identity Repository“ (CIR), which, according to current plans, will be launched in a year’s time. The planned conclusions call on member states to enact laws allowing biometric searches, „in particular for the purpose of facilitating the correct identification of persons“. „New EU information system: EU member states push for police use of biometric repository“ weiterlesen

Ukraine war: New Eurojust regulation in fast-track procedure

Eurojust is allowed to store and process personal and biometric data. As EU Justice Agency it will also be authorised to analyse digital evidence, but it does not actually have a mandate to do so.

The Permanent Representatives of the EU Member States today agreed on a position on the new Eurojust Regulation. The agency is responsible for judicial cooperation in criminal matters and coordinates cross-border investigations. Among the new proposals, Eurojust will be allowed to secure and process evidence on war crimes, genocide and crimes against humanity. The three criminal offences enshrined in the Rome Statute of the International Criminal Court (ICC) are part of Eurojust’s mandate, but the establishment of a biometric database is not yet part of it.

The background to this is the war in Ukraine, on which the agency is to take action following a request from the EU Council of Ministers for „Justice and Home Affairs“. Eurojust is supposed to support European and international courts and the in securing evidence. Because the measures required for this are urgent, the Eurojust Regulation will also be adopted in a two-month urgent procedure. The Commission had presented a corresponding legislative proposal only last week. Four days later, the Member States in the Council dealt with it for the first time. „Ukraine war: New Eurojust regulation in fast-track procedure“ weiterlesen

EU Parliament approves: Europol Regulation on the home straight

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