Category: eu-LISA

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New report on encryption in criminal matters stresses balance between security and privacy

Source: Eurojust

The report gives an overview of the use of encrypted communication tools such as EncroChat and SkyECC by criminal networks and analyses the topic of encryption from a legal, technical, policy and research point of view. The publication also touches on specific judicial processes and court rulings.

Furthermore, the new report includes an elaborate analysis of the recent ruling by the Court of Justice of the European Union of 30 April this year on encrypted communications. This ruling clarifies the conditions for EU Member States to request and transmit intercepted data from encrypted communication channels for use as evidence in criminal proceedings, in order to safeguard fundamental rights and enable continued investigations into criminal activities.

The publication also provides technical information on new developments and tools such as quantum computing, cryptocurrencies, biometric data, telecommunications and artificial intelligence. It also presents an overview of the challenges and opportunities they represent for judicial and law enforcement authorities.

The main ideas in the conclusions and recommendations are:

  • Introducing legal frameworks for lawful access to data and the use of encrypted communications in judicial proceedings is paramount for achieving the right balance between privacy and security.
  • Further research and monitoring of technologies using cryptography, such as telecommunications (5G, 6G networks), biometrics, DNS, the blockchain and quantum computing, are needed to ensure both lawful access to data and privacy.
  • Collaboration with academia and private industry is essential for the creation of new tools to both serve criminal investigations without compromising the overall security of communications.
  • Artificial intelligence solutions can both help and hinder efforts to fight serious and organised crime, requiring a multi-faceted and collaborative approach.
  • While quantum computing can significantly improve investigations, it also poses a significant threat to encryption, requiring a swift transition to post-quantum cryptography.

The report is the result of the pooling of expertise of all partners collaborating in the EU Innovation Hub for Internal Security, hosted at Europol, including the EU Agencies CEPOL, EIGE, EUAA, Eurojust, Europol, Frontex, FRA and the General Secretariat of the Council of the European Union (including the EU Counterterrorism Coordinator’s Office), as well as the European Commission (Directorate Generals JRC and Home).

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Eurojust and eu-LISA discuss closer cooperation to support digitalisation of justice across Europe

Source: Eurojust

Ms Agnès Diallo and Mr Ladislav Hamran

Eurojust and eu-LISA will strengthen their coordination as EU Agencies to support the digitalisation of judicial cooperation across the European Union. During a visit to The Hague by eu-LISA Executive Director Ms Agnès Diallo, the discussions focused on the advantages of closer cooperation in support of the Digital Criminal Justice initiative.

This cooperation could, for example, focus on ensuring the interoperability of EU-wide digital systems with those of national authorities, the implementation of the Joint Investigation Teams Collaboration Platform and the European Criminal Records Information System – Third Country Nationals (ECRIS-TCN), as well as the possible use of artificial intelligence (AI) in the field of judicial cooperation.

Executive Director of eu-LISA Ms Agnès Diallo stated: Digitalisation of the EU’s justice system has the potential to bring immense value to professionals and users. eu-LISA shares this strong vision and is fully committed to working with all its partners and stakeholders to make it a success. This is what we are continuously building together with Eurojust, ultimately for the benefit of EU citizens.

Eurojust President Mr Ladislav Hamran said: New technologies shape the future of our societies, and it is important for prosecutors and judges to keep in step. I therefore consider closer cooperation with eu-LISA vital for Eurojust’s work, and its support will be crucial in making tomorrow’s cross-border judicial cooperation across the European Union a reality.

In addition, the development by eu-LISA of a specific collaboration platform for joint investigation teams (JITs CP) will provide a secure and efficient tool for the exchange of information between the different cross-border teams, which together with the vital support provided by Eurojust, will concretely streamline their work.

Furthermore, in 2024, eu-LISA will be entrusted with the operational management and further development of e-Justice Communication via Online Data Exchange (e-CODEX), the flagship project of EU e-Justice, a technological innovation that today represents the ‘gold standard’ for secure and reliable cross-border digital communication and information exchange, and whose functionalities will grow over time to effectively support the mission of Eurojust and serve the justice community at large.

Specific attention in today’s meeting between Ms Diallo and Mr Hamran was further given to the broader support that eu-LISA, as the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice can provide to Eurojust, the Digital Criminal Justice initiative and ECRIS-TCN.

In 2020, the European Commission asked Eurojust to roll out a state-of-the-art project, in order to create an EU-wide digital platform that would enable Eurojust and judicial authorities in the Member States to exchange critical information on criminal investigations rapidly and efficiently. As part of these efforts, Eurojust was asked to roll out a state-of-the-art digital infrastructure for the European judiciary.

Ms Diallo and Mr Hamran also discussed the Presidency of eu-LISA of the Justice and Home Affairs Agency Network (JHAAN) this year. The JHAAN Presidency rotates annually, and the chairing by eu-LISA will provide a further opportunity to strengthen collaboration with Eurojust.