JHA
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New Cybercrime Protocol will undermine our privacy to compensate for the rising powers of law enforcement authorities
This new international agreement raises serious concerns as its shortcomings promise to undermine the safeguards to our fundamental rights, including our privacy and procedural rights.
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EU worries over the possibility of losing wiretapping powers
5G telecoms networks could render obsolete the “lawful interception” techniques that police is traditionally using, unless the European Union and national governments take action. This was revealed in internal EU documents obtained by EDRi member Statewatch, that has published a new analysis explaining the issues and calling for a public debate. “It is unsurprising that […]
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EU rushes into e-evidence negotiations without common position
On 6 June 2019, the Justice and Home Affairs Council (JHA) – which gathers all EU Member States Ministers of Justice – asked the European Commission to start international negotiations on cross-border access to electronic evidence in criminal matters (so-called “e-evidence”) in the upcoming months. The Commission should enter into bilateral negotiations with the United […]
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EU Member States willing to retain illegal data retention
With its judgments in April 2014 (Digital Rights Ireland ) and December 2016 (Tele2 ), the Court of Justice of the European Union (CJEU) ruled that blanket data retention was illegal under EU law. Rather than repealing their illegal data retention laws, EU Member States have instead adopted a tactic of ignoring the highest court […]
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Denmark prepares for passenger data exchange with the EU
In 2016, the European Union adopted the Passenger Name Record (PNR) Directive which obliges Member States to collect PNR data on all flights to third countries and exchange this information with other Member States through the Passenger Information Units (PIUs).
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EU Council’s general approach on “e-evidence”: From bad to worse
On 7 December 2018, the Justice and Home Affairs Council (JHA) adopted its general approach – a political agreement before entering into negotiations with the European Parliament – on the proposal for a Regulation on European Production and Preservation Orders in criminal matters. The initial proposals of the European Commission already raised concerns in terms […]
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Council debates encryption and other closed-door matters
In July 2016, Justice Ministers in the European Union met to discuss the “issue” of encryption in the context of the fight against crime and terrorism. In August, Bernard Cazeneuve and Thomas de Maiziere, the French and German ministers of interior, announced that because more people are using encryption, governments must develop a coordinated response. […]
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