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

Encrypted communication: UK remains member of EU interception group

Despite Brexit, British police can influence surveillance laws in the EU. The country is also represented in European secret service circles.

Notwithstanding its exit from the European Union, the British police will remain a member of a Standing Heads of Lawful Interception Units based at Europol. The UK is represented there by the National Crime Agency. This was confirmed by the EU Commissioner for Home Affairs, Ylva Johansson, in her answer to a parlamentary question by the pirate Patrick Breyer. The UK is thus the only third country in the group, which otherwise consists exclusively of EU members and the Schengen states Norway, Switzerland and Iceland.

The working group of the departments on telecommunications surveillance had once been founded as a strategic „5G Expert Group“ on the initiative of the German Federal Criminal Police Office. It was supposed to give the authorities access to the new telephone standard, which was actually tap-proof. After this was successfully pushed through in the European and international standardisation bodies ETSI and 3GPP, the group was given a new name and new tasks in October 2021. It is now to ensure that the needs of law enforcement agencies are taken into account when amending surveillance laws at EU level and in the member states. „Encrypted communication: UK remains member of EU interception group“ weiterlesen

Demands from EU member states: Greece to upgrade borders with helicopters, drones, police dogs

Following a review by other Schengen states, the Greek government is improving surveillance and control of its external borders, funded by EU funds. This could encourage pushbacks in violation of international law.

European Union member states are likely to oblige Greece to further upgrade its external borders. A draft decision by the EU Commission, published by the civil rights organisation Statewatch, states that surveillance at land and sea borders will be stepped up. Greek authorities would also have to improve controls at border crossings.

The demands are based on an evaluation of the application of the so-called Schengen acquis in Greece from the summer of 2021. Such reviews take place regularly in each member state and are intended to determine whether a government is complying with Schengen rules. The evaluation teams consist of volunteers from other EU countries. The „deficiencies“ found are documented in a report. „Demands from EU member states: Greece to upgrade borders with helicopters, drones, police dogs“ weiterlesen

New Frontex command structures: Vice directors begin their work

Since 2016, the EU border agency has been given considerably more power. A new management post is now responsible for the currently established armed border force, a deportation unit and data retention.

With two new regulations, the Council of the European Union and the Parliament have equipped the border agency Frontex with new capabilities and competences. Since 2016, Frontex has been allowed to acquire vehicles, aircraft and drones and decide on their deployment there after approval by a host state. The 2019 regulation also provides for the establishment of a „Standing Corps“ of 10,000 officers reporting directly to the headquarters in Warsaw. The 2019 Regulation also allows Frontex to prepare and conduct deportation flights on its own. In addition, the „Standing Corps“ will also take over the establishment and operation of a huge new database for personal travel information.

Frontex was given a new command structure for the three new areas. For the first time, the Executive Director Fabrice Leggeri is assisted by three Deputy Directors. The positions were advertised a year ago and appointed in October. Together with their superior, they have sole authority over all operations. The Frontex Regulation guarantees that no other body has authority over the management of the border agency. „New Frontex command structures: Vice directors begin their work“ weiterlesen

Facial recognition and police records: European biometric systems to be expanded

A new Prüm system will make it possible to query facial images across Europe in the future, and a central biometric EU repository will also be connected to it

For 14 years, the member states of the European Union have been able to query each other’s fingerprints, non-coding DNA data, motor vehicle and owner data. The basis for this is the Prüm Treaty, which was initially signed by seven EU members in the Eifel town in 2005. Three years later, the EU Prüm Decision followed, making the set of rules for improving police data exchange valid throughout the Union. As non-EU states, Norway, Iceland, Switzerland, Liechtenstein and the United Kingdom also participate in the Prüm network.

To mark the tenth anniversary of the Decision in 2018, the Council proposed to extend cooperation to facial images. The Commission recently presented a draft for such a Prüm II. The paper is now being discussed by the member states in the relevant Council working groups, and the position of the interior and justice ministers is to be determined by spring. Afterwards, the Parliament will deal with it. „Facial recognition and police records: European biometric systems to be expanded“ weiterlesen

China: Algorithm law for „positive energy“

The government in Beijing has passed a globally unique regulation for consumer protection on the internet

China installed a new law on Tuesday to rein in algorithms on the internet. The hitherto unique regulation covers applications that make further purchase or reading recommendations to their users based on their behaviour. In future, it will be forbidden to entice customers to excessively spend money or to make them dependent on an internet service. Software-based pricing, if it is to the detriment of consumers, will therefore also be prohibited. After all, operators must prevent fraud and unfair competition, as well as ensure that no false or illegal content is published. The apps should instead „promote positive energy“.

The law affects a wide range of companies, including internet marketplaces such as Alibaba, which has now become a mega-corporation with numerous integrated apps. Delivery service providers must also now revise their technology. The law furthermore addresses the social networks TikTok or Douyin, which are popular among young people and bombard their users with ever new content. „China: Algorithm law for „positive energy““ weiterlesen

Pistols and ammunition: Frontex chooses weapons manufacturer from Austria

With a „Standing Corps“, the European Union has a uniformed and armed police unit for the first time. Whether Frontex is allowed to buy, store and transport weapons at all, however, is controversial. A planned loan agreement with Greece has not yet materialised.

The European border agency Frontex is equipping its new „Standing Corps“ with firearms from the Austrian arms manufacturer Glock. The company is supplying 2,500 9×19 mm semi-automatic pistols, according to the procurement portal for pan-European tenders, and will receive €3.76 million. The contract, initially concluded for a period of four years, can be extended several times. Glock must guarantee the availability and supply of all parts offered for at least 15 years.

The weapons are supplied with the usual accessories, including additional magazines, holsters, attachable torches, tool kits and cleaning kits. A framework contract also includes training for Frontex shooters and their trainers. „Pistols and ammunition: Frontex chooses weapons manufacturer from Austria“ weiterlesen

Controversial term: German Ministry of the Interior sneaks „Gefährder“ into the EU

In order for state protection departments to be able to cooperate better at EU level in the area of politically motivated crime, they need common definitions of the persons to be prosecuted. A corresponding initiative to this end comes from Germany. This way, threats are prosecuted that have not even occurred yet.

Under the Treaty on the Functioning of the European Union, neither the Commission nor the Council has powers to coordinate intelligence services. Nevertheless, for the past five years the police agency Europol has been „exploring“ ever closer cooperation with the European „Counter Terrorism Group“ (CTG), in which the domestic services of all Schengen states work together. The EU’s „Intelligence Analysis Centre“ INTCEN in Brussels, which should actually only read secret service reports from the member states, is also being given further powers.

In order to be able to observe and, if necessary, prosecute target persons by police forces and intelligence services alike, a new category must be created. For the police traditionally deal with suspects or accused of a crime, police laws in Germany also know the category of „Gefährder“ who are accused of a concrete, perceivable danger. Intelligence work, on the other hand, is based on the mere suspicion that someone might pose a danger in the future. „Controversial term: German Ministry of the Interior sneaks „Gefährder“ into the EU“ weiterlesen

EU drones for people in distress: Dropping life rafts for pullbacks?

For the first time, drones are flying on behalf of an EU agency with rescue equipment on board. On the high seas, the actually useful technology could encourage illegal refoulements to countries like Libya. Perhaps the new function will only be used for minor maritime emergencies in European waters.

The European Maritime Safety Agency (EMSA) has awarded a new €30 million contract for drone services. It has gone to the Portuguese company Tekever, which is flying an „AR5“ for EMSA since 2016. Reconnaissance missions of this fixed-wing drone are carried out for coast guards of the Schengen member states, that have to submit a corresponding request to the agency for this purpose. According to the tender, the EMSA drones are also to monitor the Mediterranean Sea within the framework of missions of the border agency Frontex.

Tekever equips the „AR5“ with radars, day and night cameras as well as receivers for signals from ships or emergency systems. They can stay in the air for more than 12 hours. In Portugal, Spain, France and Italy, among others, the „AR5s“ have completed more than 1,200 flight hours in almost 250 missions, including surveillance and safety at sea, detecting pollution or combating illegal fishing. „EU drones for people in distress: Dropping life rafts for pullbacks?“ weiterlesen

Frontex and Europol: How refugees are tracked digitally

EU agencies advise increased confiscation and extraction of asylum seekers‘ mobile phones and now provide a manual on how to do so. Apps to encrypt or disguise locations are disliked in the report as „countermeasures“ to surveillance.

Often the mobile phones they carry are the only connection between refugees and their relatives and friends in their country of origin or elsewhere. They contain contacts, personal communication as well as photos and videos as a memory of the home countries. Only within the European Union is it possible to apply for asylum in its member states. Therefore, the phones are also an indispensable aid for navigating to receiving countries and finding out about conditions and support there.

Asylum seekers‘ mobile phones are also of increasing interest to authorities. As punishment for irregular entry, border guards in Greece and Croatia, and most recently at the EU’s external border with Belarus, destroy them before abandoning their owners at sea or forcibly push them back. Police forces, on the other hand, confiscate the phones in order to gain information about routes used and people helping to flee. „Frontex and Europol: How refugees are tracked digitally“ weiterlesen