The European legislators are rapidly developing digital investigation powers of law enforcement authorities, for example the access to Passenger Name Records or the cross-border access to electronic evidence. On the other hand, the cornerstone of the Digital Single Market are new, strong and robust data protection rules, designed to strengthen the protection of fundamental rights of individuals in the Digital Age.
These competing legislative developments are often implemented without objective evidence, which would justify their raison d’etre. This panel should therefore explore whether we can empirically measure the use and frequency of digital investigation powers, and, based on such measurements, learn something about their fundamental rights compliance.
• What can we learn from the criminal justice statistics?
• Can we objectify the debate about the necessity and proportionality of digital investigation powers?
• Can we quantify the necessity test? What about proportionality?
• How do we ensure the tracing of the entire life cycle of personal data in the criminal justice system, from the moment of its collection/access until the end of the investigation/trial/sentencing?