Thursday 23 January 2020
Area 42 Grand

Panel Description

Data retention remains one of the most controversial topics in the area of law enforcement investigations in the digital age. The panel will emphasise the challenges caused by the current scattered data retention legal landscape across the EU. The panel will also discuss potential solutions to fulfil proportionality requirements in the context of cross-border cybercrime investigations. Furthermore, the panel will debate which authorities should be authorised to access data on smart devices and the potential types of crimes related to smart devices. Finally, the panellists will touch upon the possibilities for law enforcement to fight serious crime and terrorism and the impact on fundamental rights.

- What are the main issues of the current scattered data retention legal landscape across the EU?

- How should a potential data retention regime be designed to breach the gap between law enforcement requirements while respecting our fundamental rights?

- How will the implementation process of the proportionality requirements look like since the ECJ did not consider the concept of data retention as non-compliant with fundamental rights per se?

- What are the challenges of developing adequate safeguards and why is quick freeze insufficient?


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