Sunday

1st Oct 2023

Privacy concerns mount over Europol data collection

  • The Hague-based Europol is getting a new mandate with expanded powers, posing questions over data rights and oversight (Photo: Europol)
Listen to article

When it emerged last month that EU law enforcement agency Europol had hoovered up quadrillions of bytes of sensitive data , including on people with no links to any crime or criminal history, there were flurries of concern from privacy advocates.

Now the EU data watchdog is doubling down on those concerns, and warning that Europol could continue the same practice under new rules intended to empower the police body.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

"We start to make more and more exclusions," for Europol, Wojciech Wiewiórowski, the EU's data protection supervisor, or EDPS, told reporters in Brussels on Thursday (17 February).

The resulting lack of supervision "is something that concerns me a lot because of the things that were treated as extraordinary, as exceptional, they start almost to be a default," he said.

Last month, Wiewiórowski told Europol that all datasets received after and until its new mandate comes into force must be deleted within six months, if they have not been properly screened. Wiewiórowskialso gave Europol, based in the Hague, one year to sift through anything else it could lawfully keep.

But rights activists say a new Europol mandate agreed at the political level by EU member states and the European Parliament in February scuppers those demands, making Wiewiórowski's recommendations and a years-long investigation into Europol on the collection of sensitive data irrelevant.

"Basically, you're just wiping out all the powers of EDPS," said Chloé Berthélémy from the Brussels-based European Digital Rights, an organisation working to defend and advance digital rights.

After being flagged of the abuse some two years ago, the EDPS triggered an investigation into Europol leading to accusations the agency was carrying out mass surveillance-like activities.

While the EDPS probe dragged on, the European Commission started drafting new rules that would allow Europol to retain the data anyway.

EU institutions agreed those rules in February, allowing the agency to retain data for much longer and demand sensitive information from private firms.

"It's giving them [Europol] a blank cheque to basically say we're gonna process data of an innocent person who has no link to crime," said Berthélémy. The commission was "creating a loophole in the current rules," she said.

Applied retrospectively?

Privacy campaigners grew particularly concerned when the French EU presidency further tweaked the new rules to make it retroactive, effectively giving Europol the right to keep previously collected data, if the rules are formally adopted in their current form.

"I find some of the rules to be strange for me," said Wiewiórowski, citing the retroactive measures.

For its part, the commission says the political agreement on the new Europol mandate would help it fight serious crime and terrorism.

It also said the changes come with a reinforced data protection framework, with more parliamentary oversight and with accountability.

The European Parliament plenary is set to vote on it later this year, possibly May.

Opinion

MEPs poised to vote blank cheque for Europol using AI tools

Fair Trials, EDRi and other civil society organisations are calling on MEPs to hold true to protect our fundamental rights. We urge MEPs to vote against the revision of Europol's mandate, which distinctly lacks meaningful accountability and safeguards.

Privacy watchdog proposes EU-ban on Pegasus-like spyware

The Brussels-based European Data Protection Supervisor (EDPS) warns the software could lead to an unprecedented level of intrusiveness into citizens' private lives and shake the foundations of a free-thinking society.

Europol given 'blank cheque' to do what it wants, say critics

Rule of law questions are mounting against the EU's police agency Europol, following a recent expansion of powers amid data abuse scandals. Those powers include the processing and analysis of data of innocent people with no links to any crime.

Column

Will Poles vote for the end of democracy?

International media must make clear that these are not fair, democratic elections. The flawed race should be the story at least as much as the race itself.

Opinion

Orbán's 'revenge law' is an Orwellian crackdown on education

On Tuesday, the Hungarian parliament passed a troubling piece of legislation known by its critics as the 'revenge law', which aims to punish and intimidate teachers who dare to defy Viktor Orbán's regime. This law is a brutally oppressive tool.

Latest News

  1. EU women promised new dawn under anti-violence pact
  2. Three steps EU can take to halt Azerbaijan's mafia-style bullying
  3. Punish Belarus too for aiding Putin's Ukraine war
  4. Added-value for Russia diamond ban, as G7 and EU prepare sanctions
  5. EU states to agree on asylum crisis bill, say EU officials
  6. Poland's culture of fear after three years of abortion 'ban'
  7. Time for a reset: EU regional funding needs overhauling
  8. Germany tightens police checks on Czech and Polish border

Stakeholders' Highlights

  1. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  2. International Medical Devices Regulators Forum (IMDRF)Join regulators, industry & healthcare experts at the 24th IMDRF session, September 25-26, Berlin. Register by 20 Sept to join in person or online.
  3. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  4. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  5. International Medical Devices Regulators Forum (IMDRF)Join regulators & industry experts at the 24th IMDRF session- Berlin September 25-26. Register early for discounted hotel rates
  6. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch

Stakeholders' Highlights

  1. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations
  2. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  3. ICLEISeven actionable measures to make food procurement in Europe more sustainable
  4. World BankWorld Bank Report Highlights Role of Human Development for a Successful Green Transition in Europe
  5. Nordic Council of MinistersNordic summit to step up the fight against food loss and waste
  6. Nordic Council of MinistersThink-tank: Strengthen co-operation around tech giants’ influence in the Nordics

Join EUobserver

Support quality EU news

Join us