Council of Europe’s Actions Belie its Pledges to Involve Civil Society in Development of Cross Border Police Powers Treaty
As the Council of Europe’s flawed cross border surveillance treaty moves through its final phases of approval, time is running out to ensure cross-border investigations occur with robust privacy and human rights safeguards in place. The treaty’s drafting process has been deeply flawed, with civil society groups, defense attorneys, and even data protection regulators largely sidelined.
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Council of Europe’s Actions Belie its Pledges to Involve Civil Society in Development of Cross Border Police Powers Treaty
As the Council of Europe’s flawed cross border surveillance treaty moves through its final phases of approval, time is running out to ensure cross-border investigations occur with robust privacy and human rights safeguards in place. The treaty’s drafting process has been deeply flawed, with civil society groups, defense attorneys, and even data protection regulators largely sidelined.
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“E-evidence” negotiations: a call to protect media freedoms and democratic rights from abusive cross-border orders
Together with a coalition of 25 organisations and companies, European Digital Rights (EDRi) urges the European Parliament and the Council to uphold a high level of procedural safeguards in their negotiations on the so-called “e-evidence Regulation”.
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E-Evidence: trilogues kick off on safeguards vs. efficiency
The Regulation on European production and preservation orders for electronic evidence in criminal matters (E-Evidence) aims to create clear rules on how a judicial authority in one Member State can request electronic evidence from a service provider in another Member State. One such use case would be requesting user data from a platform in another EU country during an investigation. We wrote about our main issues in the past.
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2021: Important consultations for your Digital Rights!
Public consultations are an opportunity to influence future legislation at an early stage, in the European Union and beyond. They are your opportunity to help shaping a brighter future for digital rights, such as your right to a private life, data protection, or your freedom of opinion and expression.
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New Cybercrime Protocol: More overreach, still no data protection safeguards
In the context of the fifth round of consultation with civil society, data protection authorities and industry, EDRi and the Electronic Frontier Foundation (EFF) coordinated a civil society submission to provide feedback on the new draft provisions relating to joint investigations, request for domain name registration information and expedited disclosure of stored computer data in an emergency.
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“E-evidence”: Mixed results in the European Parliament
The European Parliament Committee on Civil Liberties (LIBE) agreed on a final text for the Regulation on cross border access to data (so-called “e-evidence” proposal). Despite some improvements designed to better protect people against law enforcement overreach across jurisdictions, the Committee’s majority has unfortunately also made major compromises that will put the rights of journalists, lawyers, doctors, social workers and individuals in general at risk.
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Looking back at digital rights in the era of a surveillance pandemic
2020 started as a year to build momentum to tackle various digital rights issues, including mass surveillance and freedom of expression online. Needless to say, the global pandemic disrupted not only these efforts but also our health, personal relations, basic survival needs and ways to organise around human rights. After 9 months of living and working in a pandemic, we look back at what we achieved and the ways forward from here.
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EDRi with 25 organisations urge Parliament to protect journalists, doctors, lawyers, social services
Together with a coalition of 25 organisations and companies, EDRi urges members of the European Parliament’s Civil Liberties, Justice and Home Affairs Committee (LIBE) to include strong procedural safeguards in the so called “E-Evidence Regulation”.
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Europol: Non-accountable cooperation with IT companies could go further
There is an ongoing mantra among law enforcement authorities in Europe according to which private companies are indispensable partners in the fight against “cyber-enabled” crimes as they are often in possession of personal data relevant for law enforcement operations. For that reason, police authorities increasingly attempt to lay hands on data held by companies – sometimes in disregard to the safeguards imposed by long-standing judicial cooperation mechanisms.
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Germany: Invading refugees’ phones – security or population control?
In its new study, EDRi member Society for Civil Rights (GFF) examines how German authorities sniff out refugees’ phones. The aim of “data carrier evaluation” is supposed to be determining a person’s identity and their country of origin. However, in reality, it violates refugees’ rights and does not produce any meaningful results.
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E-evidence and human rights: The Parliament is not quite there yet
The European Parliament Committee on Civil Liberties (LIBE) is currently busy working out a compromise between its different political groups in order to establish a common position on the “e-evidence” Regulation.
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Click here to allow notifications in cross-border access to data
From a fundamental rights perspective, it’s essential that the proposal enabling cross-border access to data for criminal proceedings (“e-evidence”) includes a notification mechanism. However, this requirement of a notification seems to be out of the question for those advocating for “efficiency” of cross-border criminal investigations, even if that means abandoning the most basic procedural safeguards […]
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