Beyond Budapest: data and privacy in criminal investigations

Law enforcement agencies are limited to their national jurisdiction when investigating cybercrime cases or other cases with a cyber component. Electronic evidence is difficult to access across borders, provided the jurisdiction of origin is even known, while the number of actors involved in the process further complicates the successful conduct of investigations and prosecutions.

In January 2023, the European Parliament approved the ratification of the Additional Protocol to the Budapest Convention on Cybercrime, which aims to improve cooperation and disclosure of electronic evidence in the fight against cybercrime by creating a framework for conducting joint investigations among participating states. The ratification came after heated discussion on data protection and privacy issues in the European Parliament. Similarly, privacy advocates expressed concern about the lack of safeguards in the Additional Protocol, highlighting the significant risks of promoting intrusive police powers. 

These concerns highlight the difficulties associated with accessing and using electronic evidence in criminal investigations. While access to data is essential to the latter, there is a fine line between the use and abuse of data access, with significant impacts on fundamental rights. 

This FIC Agora event will bring together law enforcement practitioners, policy experts and privacy advocates to address the following key questions:

• Now that the Additional Protocol has been ratified, how can EU Member States ensure that the provisions of the Convention are implemented while respecting European data protection standards? 
• What role should the EU play in ensuring a balance between the needs of law enforcement and the judiciary in successfully prosecuting crime on the one hand, and the protection of fundamental rights on the other? 

Speakers will include MEP Moritz Körner, Emmanuel Kessler, Head of Prevention and Awareness at EUROPOL's European Cybercrime Centre (EC3) and Juraj Sajfert, Research Fellow at Vrije Universiteit Brussel (VUB).

Venue & registration 

The event will take place on the 22nd March 2023 in Brussels from 17:00 to 19:00 and followed by a networking cocktail. The event will be held in hybrid format, with the possibility of joining online. 

To attend this event in person, please email Apolline Rolland (apolline.rolland(a)avisa-partners.com).