Law Enforcement Access to DataPolicy Developments and Prospects for the New Mandate
As law enforcement agencies (LEAs) across the globe increasingly rely on electronic evidence (e-Evidence), it is all the more crucial to develop solid legal instruments that strike the proper balance between effective law enforcement operations and the protection of fundamental rights. While the EU’s recent e-Evidence Regulation was a significant step in a process of updating and harmonizing EU legislation in the area of lawful access for criminal proceedings, further challenges and questions remain.
Starting from the findings of the High-Level Group (HLG) on Access to Data for Effective Law Enforcement, this closed-door event will welcome representatives from the European Commission, who will share their insights on the HLG Conclusions. Following this, we will explore potential approaches to data retention in light of recent case-law of the CJEU, as well as address questions surrounding legal intercept and cross-border access to e-Evidence, particularly between the European Union and the United States. The event aims to bring together experts from governmental organizations, academia, civil society, and industry to discuss recent developments and gain insights on the way forward in the realm of data access for law enforcement in respect of privacy and fundamental rights.
The event will take place on 22 November 2024, from 9.00 - 15.00 CET, at the Microsoft Centre Brussels (Rue Montoyer 51). Discussions will take place under the Chatham House rule.
This event follows the earlier editions e-Evidence Across Borders: A New Era of Transatlantic Cooperation in Criminal Matters, November 14, 2023 and Data in Law Enforcement: Navigating the Online Environment in the 21st Century, October 5, 2022.
Key Topics
Law Enforcement Access to
Data in the EU
Data Retention
Lawful Interception
Transnational Cooperation
on e-Evidence
Agenda
Friday, November 22, 2024
Welcome & Coffee
Opening Remarks, Microsoft
Keynote: Prospects on Law Enforcement Access to Data in the EU
Floriana Sipala, Director for Internal Security, DG HOME, European Commission
Discussion and moderated Q&A: Prospects on Law Enforcement Access to Data in the EU
This session will delve into the recommendations and directions proposed by the HLG. Participants and attendees will have the opportunity to engage in a constructive dialogue regarding the direction of government data access policies within the EU.Cathrin Bauer-Bulst, Head of Unit for Security in the Digital Age, DG HOME, European Commission Eleni Kosta, Professor of Technology Law and Human Rights, Tilburg Institute for Law, Technology and Society, Associate at Timelex Gábor Jancsó, Deputy Secretary of State for Criminal Law Legislation, Ministry of Justice, Hungary Moderated by:Catherine Van de Heyning, Associate Professor of European Fundamental Rights Law, University of Antwerp and Substitute Public Prosecutor, Cybercrime Team Division, Antwerp, Belgium
Break
Navigating Data Retention Solutions for Europe
This session will examine prospective data retention approaches that comply with fundamental rights standards, address legal challenges, and meet the operational needs and practical implications for criminal investigations in Member States.Paolo Grassia, Senior Director of Policy and Advocacy, Connect Europe Chloé Berthélémy, Senior Policy Advisor, European Digital Rights (EDRi) Antonella Munisteri, Policy Officer, DG HOME, European Commission Philippe Van Linthout, Investigating Judge, Belgian Federal Justice Service Kazimierz Ujazdowski, Justice Lead at the Permanent Representation of Poland to the EU Moderated by:Theodore Christakis, Professor of International and European Law at University Grenoble Alpes
Thoughts on Legal Intercept. Fireside Conversation
This session will delve into the current framework for lawful interception demands on OTT services, highlighting national inconsistencies and exploring legal solutions that minimize intra-European conflicts of law while meeting privacy requirements.Aisling Kelly, Assistant General Counsel, International Law Enforcement & National Security, Microsoft Ben Prior, Legal Director, Meta TJ McIntyre, Associate Professor in the Sutherland School of Law, University College Dublin, Chairperson of Digital Rights Ireland
Light Lunch
Transnational cooperation in the area of e-Evidence
This panel will explore the impact of technological trends on international data access for criminal proceedings purposes and the associated need for global cooperation to ensure trusted access to information while protecting national interests, public safety, and fundamental rights.Emilio Sánchez Ulled, Senior Public Prosecutor, Justice Counsellor at the Permanent Representation of Spain to the EU Judith Herrnfeld, Public Prosecutor, Federal Ministry of Justice, Department for Criminal Subsidiary Laws and Multilateral Cooperation in Criminal Matters, Austria Sheri Shepherd-Pratt, Associate Director of the Criminal Division’s Office of International Affairs, US Department of Justice Arnaud David, Director Public Policy EMEA, Amazon Web Services Moderated by:Maria Tzanou, Senior Lecturer in Law, University of Sheffield
Closing Remarks
Lorelien Hoet, Director of EU Government Affairs, Microsoft