EU Council urges action on law enforcement data access

Giuseppe de vita
Credit: freevacy.com

Brussels (Brussels Morning Newspaper) – The European Council calls on member states to address challenges in law enforcement.

The European Council urges the European Union and member states to take measures to ensure adequate and lawful access to data for law enforcement authorities and judicial. On 6 June 2023, the European Commission launched a high-level group on access to data for effective law enforcement. The development followed a meeting at the informal discussion of justice and home affairs ministers on 26 January 2023 regarding the challenges confronted by judicial and law enforcement officers in accessing data to fight crime in the digital age.

What are the key recommendations from the high-level group?

As reported by the EU Commission, the experts in the high-level group pointed out 42 recommendations, huddled about the building blocks of capacity-building, collaboration with standardisation and industry, as well as potential legislative efforts, to manage the challenges of scrutinising and prosecuting criminal actions that attempt going dark. It has concluded that as the digitalisation of EU societies makes conditions enabling criminals to use technological advances to perpetrate crimes, effective access to data for law enforcement objectives has emerged in recent years as a critical challenge for criminal investigations and prosecutions.

What steps will the EU take to access data lawfully?

Following the expert group’s completion of its work, the European Council invites the bodies agencies, EU institutions, and member nations to regard its valuable assistance when developing and executing concrete measures relating to access to data. The European Council also invites the European Commission to design, by the early months of 2025, a roadmap for the enactment of measures displaying a precise timeline and clear responsibilities and surrounding resource aspects.

Furthermore, the Council recognises the necessity to constructively confront industry, civil society, and other appropriate stakeholders to clearly articulate the meaning and added value of the activities prepared.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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