Cross-border access to user data by law enforcement in 2021: A year in review
Law enforcement agencies around the world are getting their holiday wish list, thanks to the Council of Europe’s adoption of a flawed new protocol to the Budapest Convention, a treaty governing procedures for accessing digital evidence across borders in criminal investigations.
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Cross-border access to user data by law enforcement in 2021: A year in review
Law enforcement agencies around the world are getting their holiday wish list, thanks to the Council of Europe’s adoption of a flawed new protocol to the Budapest Convention, a treaty governing procedures for accessing digital evidence across borders in criminal investigations.
Read more
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Austrian DSB: EU-US data transfers to Google Analytics illegal
In a groundbreaking decision, the Austrian Data Protection Authority ("Datenschutzbehörde" or "DSB") has decided on a model case by noyb that the continuous use of Google Analytics violates the GDPR.
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EDPS sanctions the European Parliament for illegal EU-US data transfers – among other violations
In January 2021, noyb filed a complaint against the European Parliament on behalf of six Members of the European Parliament over an internal corona testing website. The issues raised were deceptive cookie banners, vague and unclear data protection notices, and the illegal transfer of data to the US.
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E-evidence regulation: Why it matters for medical confidentiality?
Access to health data by foreign authorities in the context of a criminal investigation – be it intentional or not – needs to be carefully regulated as it also impacts doctors’ legal and ethical duties.
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Nearly 130 public interest organisations and experts urge the United Nations to include human rights safeguards in proposed UN Cybercrime Treaty
Today, EDRi, our member Electronic Frontier Foundation (EFF), and Human Rights Watch, along with nearly 130 organizations and academics working in 56 countries, regions, or globally, urged members of the Ad Hoc Committee responsible for drafting a potential United Nations Cybercrime Treaty to ensure human rights protections are embedded in the final product. The first session of the Ad Hoc Committee will begin on January 17th.
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Press release: European Commission jumps the gun with proposal to add facial recognition to EU-wide police database
The European Commission has put forward a proposal to ‘streamline’ the automated sharing of facial recognition images and other sensitive data by police across the EU. What will be discarded in order to ‘streamline’ the process? Vital safeguards which are designed to protect all of us from state over-reach and authoritarian mass surveillance practices.
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EU ropes in intelligence agencies for enhanced border checks targeting Afghan nationals
Intensified border security checks targeting Afghan nationals have been agreed by the Council of the EU, with the procedures requiring the extraction of mobile phone data and significant coordination with national intelligence agencies – despite the EU having no competences in the realm of “national security”.
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Stories reveal profound flaws in the “e-Evidence Regulation”
The Regulation on cross border access to data by law enforcement (so-called “e-Evidence” Regulation) threatens to put the rights of journalists, lawyers, doctors, social workers and individuals in general at great risk. EDRi and 13 civil rights organisations have just launched four scenarios that clearly depict how our future could enfold if the Regulation is approved.
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“E-evidence” state of play: Building compromises, sweeping rights under the carpet
Despite the Pegasus scandal which has sent shock waves across Europe, and served to shine a light on illegal surveillance practices used by governments, the Council and the European Parliament are moving closer to an agreement on a new data-harvesting tool that could be similarly abused.
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EFF to Council of Europe: Flawed Cross Border Police Surveillance Treaty Needs Fixing
EDRi member Electronic Frontier Foundations (EFF) has joined European Digital Rights (EDRi), the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC), and other civil society organizations in recommending 20 solid, comprehensive steps to strengthen human rights protections in the new cross border surveillance draft treaty that is under review by the Parliamentary Assembly of the Council of Europe (PACE). The recommendations aim to ensure that the draft treaty, which grants broad, intrusive police powers to access user information in criminal cross border investigations, contains a robust baseline to safeguard privacy and data protection.
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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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Fear and loathing in the UK adequacy decision
The Council of the European Union unanimously approved the United Kingdom (UK) draft adequacy decision. In an ideal world, this would indicate that the UK offers an adequate level of protection for personal data, and would signal their willingness to retain those standards. Unfortunately, reality tells a different story, that should be worrying for human rights advocates on both sides of the channel.
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