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Dr. Els De Busser

The Data Protection Gap

From Private Databases to Criminal Files

1 March 2013 // english

Debates on the reform of the EU’s data protection legal framework are currently being held in the Council of the EU and the European Parliament.1 One particular issue has, however, not (yet) been included in these debates: the processing of personal data by law enforcement authorities for the purpose of criminal investigations after these data were originally collected by private companies for the purpose of their commercial activities. This topic has, however, been discussed at several other negotiation tables. On the EU level, the Cybersecurity Strategy2 released in February 2013 and the continuing debate on the use of passenger name... Read more

Dr. Tatiana Tropina

The Evolving Structure of Online Criminality

How Cybercrime Is Getting Organised

1 December 2012 // english

Increasing dependency of the society on the information technologies raises concerns over vulnerabilities in cyberspace and the “dark side” of the information networks. The growth of digital operations in legitimate markets is one of the vital factors for the economic development. However, as markets and trading themselves have always attracted criminals seeking benefits from illegal activities, digital networks become a key enabler for the growth of cybercrime, both with regard to committing traditional crimes in the Internet and to developing new types of computer misuse. Cybercrime has been evolving in line with how society uses digital networks, reacting to every... Read more

Maria Christina Bruno

Anti-Money Laundering: New Obligations Imposed by the 2012 Guardia di Finanza Circular in Italy

1 December 2012 // english

The initial source of the money laundering legislation that is still in full development is Directive 1991/308/EU (also known as the “first directive”) on prevention of the financial system from laundering the proceeds of criminal activities. Directive 2001/97/EU (the “second directive”) on the subject of prevention of employment of the financial system for laundering the proceeds of illicit activities demands a higher standard of obligations on the part of the Member States and extends the scope of the subjects upon whom such obligations are imposed. Italian Legislative Order 231/2007 brings into effect the Directive 2005/60/EU (the “third directive”). It introduces... Read more

Desterbeck_sw..jpg Francis Desterbeck

The Payment of Fiscal and Social Debts with Seized Money, that Has to Be Reimbursed, in Belgium

Where Treasury, Social Security, and Justice Meet

14 August 2011 (updated 5 years, 1 month ago) // english

By law of 27 March 2003, the Central Office for Seizure and Confiscation (COSC) was created in Belgium. The new institution, established within the Office of Public Prosecutors, assists the judicial authorities in criminal matters in the areas of seizure of assets, the implementation of criminal procedure with a view to the confiscation of assets, and the enforcement of final and conclusive sentences and orders involving confiscation of assets.1 One of the forms of assistance consists of the management of all cash, seized in criminal matters all over the country. By law of 20 July 2005, a new provision was... Read more