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Meeting of EU Justice and Home Affairs Agencies 
17 February 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 22 November 2019, the heads of the nine EU Justice and Home Affairs (JHA) agencies met at Europol’s headquarters in The Hague. The topics of discussion were as follows:Implementation of the New Strategic Agenda 2019-2024;State-of-play of the interoperability project;Common efforts in … Read more
Law Enforcement Cooperation
EDPS Opinion on E-Evidence Proposal 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 6 November 2019, the European Data Protection Supervisor (EDPS) issued his opinion on the new EU legal framework for gathering e-evidence in cross-border cases (for the Commission proposal, see eucrim 1/2018, pp. 35-36).The EDPS endorses the objective of ensuring quick and effective … Read more
EU e-Evidence Law Enforcement Cooperation
EP Report on EU E-Evidence Legislation Advocates Strengthened Safeguards 
12 January 2020
Thomas Wahl Thomas Wahl
After the EP elections, the EP Conference of Presidents decided in October 2019 that work should resume on the EU e-evidence rules. The e-evidence package consists of two proposals tabled by the European Commission in April 2018 (see eucrim 1/2018, pp. 35-36): a Regulation on … Read more
EU e-Evidence Law Enforcement Cooperation
NGOs Urge U.S. Congress to Oppose US-UK CLOUD Act Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 29 October 2019, twenty privacy, civil liberties, and human rights organizations jointly addressed U.S. Congress committee chairmen to stop the US-UK CLOUD Act Executive Agreement signed on 3 October 2019. It will allow direct access by the party’s law enforcement bodies to personal data … Read more
EU Law Enforcement Cooperation Data Protection
MEPs Critical of EU-US E-Evidence Negotiations 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
At a hearing on 7 November 2019 at the EP’s LIBE Committee, MEPs called for meeting EU data protection standards within the framework of possible future data exchanges by means of the U.S. CLOUD Act. The CLOUD Act allows U.S. law enforcement authorities to request … Read more
EU E-Justice Law Enforcement Cooperation
US and UK Sign Bilateral E-Evidence Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 3 October 2019, the United States and the United Kingdom signed the first agreement allowing the other party’s law enforcement authorities, when armed with appropriate court authorisation, to go directly to tech companies based in the other country to access electronic data in order … Read more
EU e-Evidence Law Enforcement Cooperation
E-Evidence: Start of Negotiations on EU-US Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 26 September 2019, the European Commission announced the start of formal negotiations with the United States Department of Justice on an EU-US agreement to facilitate access to electronic evidence in criminal investigations. Both parties reaffirmed their intention to conclude an agreement as quickly as … Read more
EU Court of Justice of the European Union (CJEU) e-Evidence Law Enforcement Cooperation
Plans for Europol-New Zealand Operational Agreement 
11 January 2020 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
Together with its 20th progress report towards an effective and genuine Security Union, the European Commission addressed a recommendation to the Council to authorise the opening of negotiations for an EU-New Zealand agreement. The initiative aims to allow Europol and New Zealand law enforcement … Read more
Europol Judicial Cooperation Law Enforcement Cooperation
Seamless Border Control 
20 December 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In October 2019, Frontex ‒ together with the Border Service of Portugal (SEF) and the Lisbon Airport Authority (ANA) ‒ tested new technologies for border control at Lisbon airport to see whether biometric solutions can decrease the waiting time at borders. The technology uses face … Read more
EU Frontex Criminal Records Judicial Cooperation Law Enforcement Cooperation
Explanations in 120 Seconds 
20 December 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Europol has launched a new video series explaining law enforcement in 120 seconds. In a series of five clips, the videos illustrate how drugs are produced, trafficked, and distributed by serious and organised criminal organisations, what the negative consequences are for society, and the … Read more
EU Europol Law Enforcement Cooperation
EU CTC: Influence of 5G Technology on Law Enforcement 
10 September 2019
Thomas Wahl Thomas Wahl
At the JHA Council meeting of 7 June 2019, the EU Counter Terrorism Coordinator (EU CTC) updated ministers on the implications of the new generation of wireless technology 5G on law enforcement and judicial operations. Read more
EU Security Union Law Enforcement Cooperation
CCBE: Legality of E-Evidence Proposal Even More Questionable After CJEU’s Judgements on “Judicial Authorities” 
10 September 2019 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
In a statement of 29 May 2019, the CCBE looks into the impact of the CJEU’s judgements of 27 May 2019 on the concept of judicial authority on the debated proposal for a Regulation on European Production and Preservation Orders for e-evidence in criminal matters. The CCBE argues that the exclusion of public prosecution offices not possessing the necessary independence to be a judicial authority underpins the arguments against the legality of the e-evidence proposal. Read more
EU European Arrest Warrant Law Enforcement Cooperation
Data Protection Authorities and EDPS Assess Impact of US CLOUD Act 
10 September 2019
Thomas Wahl Thomas Wahl
Following a request to the EP LIBE Committee, the EDPB and the EDPS adopted a joint initial legal assessment of the impact of the US CLOUD Act on the EU legal data protection framework and the mandate for negotiating an EU-US agreement on cross-border access to electronic evidence for judicial cooperation in criminal matters. The legal assessment focuses on compliance of the US CLOUD Act with the requirements of Arts. 6, 48, and 49 of the GDPR. Read more
EU Law Enforcement Cooperation
E-Evidence: Commission Obtains Mandates for EU-US Agreement and Negotiations in Council of Europe 
10 September 2019 (updated 4 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 2/2019
After the respective recommendations put forward by the Commission (see eucrim 1/2019, p. 41), the Council gave two mandates to the Commission to negotiate on behalf of the EU agreements on access to e-evidence. The mandates endorsed on 6 June 2019 refer to:Conclusion of … Read more
EU Law Enforcement Cooperation
Council: The Way Forward in Data Retention 
10 September 2019 (updated 5 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2019
The Council remains committed to establishing a European regime on the retention of electronic communication data for the purpose of fighting crime. Following the conclusions on data retention drawn under the Austrian Council Presidency in December 2018, the JHA Council again adopted conclusions in the matter at the end of the Romanian Council Presidency at its meeting on 6 June 2019. Read more
EU Law Enforcement Cooperation Data Protection
PNR Collection Also for Maritime and Railway Traffic? 
10 September 2019
Thomas Wahl Thomas Wahl
The Finnish Council Presidency intensifies discussion on whether the scope of the EU’s Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation, and prosecution of terrorist offences and serious crime (Directive (EU) 2016/681) should be broadened. In a discussion paper, tabled on 25 June 2019, the Finnish Presidency invites the other Member States to discuss the usefulness and benefits of gathering PNR on other travelling forms. Read more
EU Law Enforcement Cooperation Data Protection