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

New pre-authorization system: Profiling of passengers could also be banned for Frontex

Under the new ETIAS system, Frontex processes application forms from travelers from visa-free countries. The border agency is to develop an algorithm to determine their risk. A court ruling may have brought those plans crashing down.

On Tuesday, the European Court of Justice (ECJ) published a landmark decision on the EU’s passenger data system. Among numerous other violations of fundamental rights, the court in a preliminary ruling criticizes the use of „self-learning systems“ that search for anomalies in the mass data that is collected without any reason.

The automated pre-assessment of travelers is also criticized. According to the ECJ, the use of predictive selectors or algorithms must be ruled out in the warrantless screening of passengers. The ruling is thus also significant for the European Travel Information and Authorization System (ETIAS), which is to use algorithms to profile all travelers from third countries. It is scheduled to go live in nine months. „New pre-authorization system: Profiling of passengers could also be banned for Frontex“ 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

EU instead of EC: New directive facilitates cross-border data exchange

The 2006 „Swedish Initiative“ is being replaced by a new set of rules. This „Lisbonization“ of EU-wide information exchange comes with a uniform case management system and file format, and requires shorter deadlines for processing requests.

The European Union could soon adopt a new directive on information exchange between law enforcement agencies. The Commission had presented a proposal to this effect in December as part of its „Police Code“.

At the upcoming Council of Interior Ministers in Luxembourg on June 10, the member states want to decide their position vis-à-vis the Parliament. Then the so-called trilogue negotiations of the three EU legislative bodies can begin. „EU instead of EC: New directive facilitates cross-border data exchange“ 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

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

Predator by Cytrox: Spyware discovered on phone of Greek journalist

A committee of enquiry in the EU Parliament is to look into the use of mercenary spyware against opposition members and media workers in Europe. German clients could also be in the spotlight, according to an analysis by the Meta Group.

On 10 March, the European Parliament decided to set up a committee of enquiry into the Pegasus trojan programme, which met for its constituent session yesterday. Background to the case are the known operations of the spying software produced by the Israeli NSO Group against opposition members and journalists in Hungary and Poland. The company claims to have sold its tools to almost all European countries, reports the New Yorker magazine.

The investigation, which goes by the acronym „PEGA“, involves members of parliament who were themselves intercepted by the NSO spying software, including Catalan politician Carles Puigdemont. This „CatalanGate“ was made public by the Canadian research group Citizen Lab at the start of „PEGA“. The EU Commission was also investigated with the trojan. „Predator by Cytrox: Spyware discovered on phone of Greek journalist“ weiterlesen

Amendment of SIS II Regulation: Europol to coordinate proposals for alerts from third countries

The EU police agency is to receive lists of persons from foreign authorities and then have them alerted in the Schengen area for refusal of entry, arrest or observation. This legalises a questionable procedure that has long been practised.

Can the US FBI put a Tunisian national on a European database for refusal of entry, even if there is no proof that he belongs to a terrorist organisation as claimed? Should it be permissible for Europol to initiate such alerts even at the behest of an intelligence service from Serbia or Egypt, so that the person concerned is arrested when crossing the border into the Schengen area?

It is certain that the Schengen Information System (SIS II) will soon be supplemented by such a regulation. However, it was disputed between the EU Parliament and the Member States in the Council what role Europol should play in mediating such searches for third-country nationals. Tomorrow, the so-called trilogue negotiations are to be concluded with a consensus between Council and Parliament; after their formal decision in the competent bodies, the regulation would then be valid as of summer. „Amendment of SIS II Regulation: Europol to coordinate proposals for alerts from third countries“ weiterlesen