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The Data Protection Gap
From Private Databases to Criminal Files
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
Editorial for
Issue 1/2013
Editorial Guest Editorial eucrim 1/2013
Dear Readers, If the protection of personal data was ever regarded as a some-what strange subject for specialists only, this is no longer the case for three main reasons. The growing impact of information technology in all fields of life has had the effect that not only citizens but also all kinds of professionals are confronted with issues of personal data protection, whether they like it or not. At the same time, these issues are becoming increasingly global, either linked to the growing use of services available on the Internet by individuals, companies, or governments and becoming increasingly personal, as... Read more
Addressing Organised Crime in Fraud Cases – Developing a More Efficient Legal Framework
The European Union has adopted and developed a comprehensive framework to combat offences affecting its financial interests over the years. It established a specific investigative service, the European Anti-Fraud Office (OLAF) in 1999, which is competent to conduct administrative investigations when there is suspicion of fraud or any illegal activity affecting the budget of the Union.1 OLAF can fully independently conduct internal investigations (i.e., inside any European institution or body funded by the EU budget) and external investigations (i.e., at the national level if the EU’s financial interests are affected); to this end, it cooperates closely with competent national authorities... Read more
The Evolving Structure of Online Criminality
How Cybercrime Is Getting Organised
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
Anti-Money Laundering: New Obligations Imposed by the 2012 Guardia di Finanza Circular in Italy
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
Legal Nature of European Union Agricultural Penalties
Excluding a farmer from receiving a single area payment in a given year and reducing the payment he could claim within the following years, imposed as a penalties for the breach of the EU agricultural provisions, do not constitute criminal sanctions. They are specific administrative instruments applied against the farmer who had decided to participate in an agricultural aid scheme. In such a case, the ne bis in idem principle does not apply. Thus, exclusion and reduction of agricultural payments do not preclude sentencing the farmer in criminal proceeding for the same breach of the EU agricultural provisions. This conclusion... Read more