Tuesday 24 May 2022
Grande Halle
EU Agency for Fundamental Rights (FRA) (EU)

Panel Description

In 2022, the European Commission will deliver its first evaluation and review of the Law Enforcement Directive (LED). While adopted simultaneously to the General Data Protection Regulation (GDPR), this Directive did not – at the time – receive the same level of attention as the GDPR did. However, technology for law enforcement and surveillance purposes is increasingly being used, or considered for use, with limited awareness of the full scope of its potential impact on individuals’ rights and freedoms. Moreover, the technologies available to law enforcement authorities are continuously diversifying, from predictive policing to the use of drones, facial recognition technologies, or smart cameras. This creates new challenges for law enforcement officers and rights defenders alike.
Focusing on the Law Enforcement Directive, this panel will provide an opportunity to reflect on the data protection legal framework applying to the use of technologies for law enforcement purposes, and its application to current challenges. Building on their professional experience and expertise, invited panellists - academics, policymakers and law enforcement officers - will discuss how the existing data protection legal framework applies to law enforcement with respect to the use of new technology, and whether this framework adequately ensures fundamental rights.

• What sort of new technologies are used for policing and what are the main issues and concerns raised?
• What are the specificities and challenges of applying data protection principles in the law enforcement context?
• To which extent can the principle of transparency be safeguarded, to make sure that individuals are aware of the use of technologies for law enforcement purposes, and have access to effective remedies when necessary?
• How are the legitimacy, necessity and proportionality of law enforcement technological tools assessed?
• Are current oversight mechanisms sufficient to protect individual’s fundamental rights – and notably the right of access to effective remedies?


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