Cross border access to data
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New Protocol on cybercrime: a recipe for human rights abuse?
From 11 to 13 July 2018, the Electronic Frontier Foundation (EFF) and European Digital Rights (EDRi) took part in the Octopus Conference 2018 at the Council of Europe together with Access Now to present the views of a global coalition of civil society groups on the negotiations of more than 60 countries on access to […]
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Wiretapping & data access by foreign courts? Why not!
After the European Commission published two new legislative proposals for law enforcement authorities to be able to reach across EU borders to have access to data directly from service providers, the EU Member States started working on this new “e-evidence” package. The proposal has so far become the object of wide-spread criticism from service providers, […]
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EU “e-evidence” proposals turn service providers into judicial authorities
Today, 17 April, the European Commission unveiled two proposals: a Regulation on cross-border access to and preservation of electronic data held by service providers and a Directive to require service providers to appoint a legal representative within the EU. The core of the Commission’s “e-evidence” initiative is that national judicial or administrative bodies can ask […]
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Nearly 100 public interest organisations urge Council of Europe to ensure high transparency standards for cybercrime negotiations
In light of the passing of the CLOUD Act in the United States that undermines the rights to privacy and other rights, the forthcoming proposal of the European Union on e-evidence, and other initiatives, it is vitally important that the T-CY listens to and engages with civil society proactively and in a timely manner. Civil society wants to engage in this process to ensure the new protocol will uphold the highest human rights standards.
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CLOUD Act: Civil society urges US Congress to consider global implications
On 19 March 2018, European Digital Rights (EDRi) co-signed a letter with three other civil society organisations, asking the US Congress to ensure that the “Clarifying Lawful Overseas Use of Data Act” (the US “CLOUD Act”) is not attached to the omnibus bill. If the CLOUD Act is attached to the omnibus bill, it would […]
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The European Commission rightly decides to defend citizens’ privacy in trade discussions
On 31 January 2018, the European Commission adopted horizontal clauses on data flows, data protection and privacy in trade deals. On 9 February, these provisions were leaked.
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EU-Japan trade agreement not compatible with EU data protection
The EU and Japan have announced the conclusion of the final discussions on a trade agreement, the EU-Japan Economic Partnership Agreement (EPA). Regarding cross-border data flows and data protection, the European Commission’s press release states that recent reforms of their respective privacy legislation offer new opportunities to facilitate data exchanges, including through a simultaneous finding […]
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The European Commission struggles to find a position on encryption
On 18 October, the European Commission adopted some form of position on encryption, inexplicably embedded in its “anti-terrorism package”. Home affairs activity in relation to encryption is horizontal (covering all illegal activity) and not specifically related to terrorism. However, the Commission chose to include this topic in its anti-terrorism package. The decision to publish the […]
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Cross-border access to data has to respect human rights principles
The Council of Europe started preparing an additional protocol to the Cybercrime Convention – a new tool for law enforcement authorities (LEAs) to have access to data in the context of criminal investigations. Ahead of the first meeting of the Drafting Group, EDRi coordinated a civil society submission, signed by 14 organisations from around the […]
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CETA will undermine EU Charter of Fundamental Rights
In February 2016, the European Commission and Canadian government published the final draft text of the EU – Canada trade agreement (CETA), prior to its approval or rejection by the Council of the European Union, European Parliament and, possibly, national parliaments. In October 2015, the Court of Justice of the European Union (CJEU) invalidated the […]
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No legal basis for transfer of passenger data
The agreement between the European Commission and U.S. authorities on the transmission of passenger name record data (PNR) has encountered fierce opposition during a public hearing at the European parliament. The agreement gives the U.S Customs on-line access to passenger name record data of all EU based airlines for flights that go to, from or […]
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USA gets direct access to European passenger data
From 5 March onwards, USA officials will have direct electronic access to databases with EU passenger data. On 19 February, U.S. Deputy Customs Commissioner Douglas Browning and officials of the European Commission agreed to give the custom officials direct access to the personal data of passengers flying to, from and through the United States. These […]
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