\r\n\u00a9 2022<\/p>\r\n
Any use of Europol\u2019s logo requires prior written consent.<\/p>\r\n","footer-bottom-second":"
Europol is committed to user privacy. All personal data collected by Europol are processed in accordance with the provisions of Regulation (EU) 2018\/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45\/2001 and Decision No 1247\/2002\/EC. We will handle all the information received from you confidentially. Confidentiality implies that your personal data will be disclosed only to authorised personnel of Europol. However, it may be necessary for the future investigation to inform the national competent authority concerned about the content of the information received from you and\/or your identity.<\/p>\r\n"},"terms":{"tags":[],"languages":[{"id":362,"title":"Bulgarian"},{"id":579,"title":"Gaelic"},{"id":574,"title":"Icelandic"},{"id":557,"title":"Luxembourgish"},{"id":580,"title":"Macedonian"},{"id":515,"title":"Norwegian"},{"id":516,"title":"Russian"},{"id":517,"title":"Ukranian"},{"id":363,"title":"Spanish"},{"id":364,"title":"Czech"},{"id":365,"title":"Danish"},{"id":366,"title":"German"},{"id":367,"title":"Estonian"},{"id":368,"title":"Greek"},{"id":369,"title":"English"},{"id":370,"title":"French"},{"id":371,"title":"Irish"},{"id":372,"title":"Italian"},{"id":373,"title":"Latvian"},{"id":374,"title":"Lithuanian"},{"id":375,"title":"Hungarian"},{"id":376,"title":"Maltese"},{"id":377,"title":"Dutch"},{"id":378,"title":"Polish"},{"id":379,"title":"Portuguese"},{"id":380,"title":"Romanian"},{"id":381,"title":"Slovak"},{"id":382,"title":"Slovene"},{"id":383,"title":"Finnish"},{"id":384,"title":"Swedish"},{"id":385,"title":"Croatian"},{"id":386,"title":"Other"}]}},"NodeLoader":{"node":{"id":3042,"type":"event","title":"Freedom AND Security","alias":"\/publications-events\/events\/freedom-and-security","published":1539698460,"updated":1542383682,"body":"
<\/p>\n\n
In an era of globalized terrorism and ever increasing cybercrime the use of state-of-the-art investigative techniques and certain forms of surveillance by law enforcement and security services is absolutely crucial to safeguard security. At the same time individuals rightfully attach increasing importance to their right to personal privacy \u2013 including in the cyberspace. As a consequence, operations by law enforcement and other security authorities are frequently questioned in terms of data protection compliance. The sometimes heated public debate often follows an \u201ceither\/or logic\u201d suggesting that we can never have it all: if we turn up freedom, we get less security, and if we turn up security, we get less freedom. But is that really true?<\/p>\n\n
At least the perception of a contradiction between freedom and security is these days probably stronger than ever: this is the framework in which this year\u2019s EDEN conference \u201cFreedom AND Security \u2013 Killing the zero sum process\u201d will develop. Following the success of its 2016 predecessor (\u201cPrivacy in the Digital Age of Encryption and Anonymity Online\u201d), this event is the result of the collaboration between the Europol Data Protection Experts Network (EDEN) and the Academy of European Law (ERA), and will be held at Europol Headquarters on 22-23 November 2018. Due to the high visibility of its speakers \u2013 coming from different sectors all over the world \u2013 and due to the relevance of its topics \u2013 from the implementation of the Police and Justice DP Directive to the end of the data retention regime \u2013 this conference represents a great opportunity for any relevant stakeholder interested in data protection matters in a law enforcement context. By discussing the impact that the processing of data in an interconnected and borderless cyber-world has for both the fundamental rights of citizens and the world of law enforcement and security authorities, the conference will aim to overcome the perceived contradiction between freedom and security.<\/p>\n\n
Register to the event<\/a><\/p>\n\n <\/p>\n\n (H08:00) Arrival and check-in with security <\/strong><\/p>\n\n (H09:00) Registration of participants<\/strong><\/p>\n\n (H09:30) Welcome address of the Executive Director of Europol<\/strong><\/p>\n\n MS. CATHERINE DE BOLLE (EXECUTIVE DIRECTOR)<\/p>\n<\/div>\n\n Catherine De Bolle<\/a> is the Executive Director of Europol. Before taking up her post as Europol\u2019s Executive Director in May 2018, Catherine De Bolle served as General Commissioner of the Belgian Federal Police from 2012. Prior to her appointment as Belgian Police Commissioner, Ms De Bolle was Chief of Police in Ninove. In January 2015 she has received the title of Public Manager of the year and since November 2015 she is a member of the Executive Committee of Interpol. Ms De Bolle studied law at Ghent University and then went on to graduate from the Royal Gendarmerie Academy in Belgium.<\/p>\n<\/div>\n<\/div>\n\n <\/a><\/p>\n\n The notion of balancing \u2018freedom vs. security\u2019 constitutes a false dichotomy presenting a unitary dial: if we turn up freedom, we get less security, and if we turn down freedom, we get more security. Freedom and security are viewed as a zero sum trade-off. Although there is no doubt of a relationship between freedom and security, with changes in one sometimes affecting the other, it is often possible to increase security without decreasing our freedoms. Sometimes, for instance, a decrease in data protection rights leads to no meaningful increase in security.<\/p>\n\n This keynote speech will highlight the fact that the possibility of increasing security without decreasing data protection rights also forms the very basis of \u2018data protection-by-design\u2019 in a law enforcement context.<\/p>\n\n WOJCIECH WIEWIOROWSKI<\/p>\n<\/div>\n\n Wojciech Wiewi\u00f3rowski<\/a> is the Assistant Supervisor at the EDPS. He was appointed by a joint decision of the European Parliament and the Council on 4 December 2014 for a term of five years. Before his appointment, he served as Inspector General for the Protection of Personal Data at the Polish Data Protection Authority, a position which he had held since 2010. He was also Vice Chair of the Working Party Article 29 Group. Mr. Wiewi\u00f3rowski is the author of numerous studies, publications and lectures in the field of personal data protection, IT law, e-government and legal informatics. His areas of scientific activity include, firstly, Polish and European IT law, the processing and security of information, legal information retrieval systems, informatisation of public administration, electronic signature and application of semantic web and legal ontologies in legal information processing. He is a member of the Polish Association for European Law.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n The General Data Protection Regulation 2016\/679 (GDPR) came into force on 25 May 2018 and is part of the new data protection reform package, together with Directive 2016\/618 in the police and criminal justice sector (Police and Justice DP Directive). GDPR explicitly excludes the processing of personal data by law enforcement authorities, which is regulated by the Police and Justice DP Directive. However, the response of some stakeholders to the entry into force of GDPR has had adverse effects on law enforcement, as the example of the WHOIS database shows. WHOIS is a publicly available and decentralised database of registration and contact information of the retailers (registrars) and owners (registrants) of domain names. Registries (wholesalers of domain names) and registrars have a contractual obligation with ICANN to store, process, and publish online the information that is used to register domain names online in the WHOIS database. For many years, law enforcement agencies (LEAs) have relied on WHOIS to investigate and attribute crime online. Since 2003 data protection authorities have, however, taken issue with the public availability of the personal data contained in WHOIS. ICANN has not evolved significantly, as the ICANN community has not managed to agree on a replacement policy. LEA access to the data had been largely unaffected up to 25 May 2018. GDPR foresees fines of up to \u20ac20 million, or 4% of the worldwide annual revenue, for non-compliance. Registries and registrars have therefore decided to remove personal data from the publicly available WHOIS. As a consequence, while the legitimacy of law enforcement access to registration data, including personal data, for investigation purposes is generally not challenged, LEA access to such data is seriously affected.<\/p>\n\n This panel will explore the practical implications of what may be deemed \u201cGDPR collateral damage for LEAs\u201d and discuss the possible way forward.<\/p>\n\n WIL VAN GEMERT (Chair)<\/p>\n<\/div>\n<\/div>\n\n Wil van Gemert<\/a> is the Deputy Executive Director of Europol and Head of the Operations Directorate. He manages a department of experts, specialists and analysts dealing with serious and organised crime, as well as terrorism and cybercrime. Previously, he was appointed Director of National Security at the General Intelligence and Security Service (AIVD) of the Dutch National Intelligence Service.<\/p>\n\n <\/p>\n<\/div>\n<\/div>\n<\/div>\n\n PHILIPP AMANN(Moderator)<\/p>\n<\/div>\n\n Philipp Amann<\/a> is the Head of Strategy of the European Cybercrime Centre (EC3). Previously, he held management positions at the Organization for Security and Co-operation in Europe (OSCE), at the Organisation for the Prohibition of Chemical Weapons (OPCW), and at the International Criminal Court (ICC). He has worked for more than 17 years in the field of information and cyber security management, policy development, electronic evidence management, and intelligence analysis.<\/p>\n<\/div>\n<\/div>\n\n MIRKO MANSKE (Panellist)<\/p>\n<\/div>\n\n Mirko Manske is the Teamlead of Cyber Intelligence Operations at the Bundeskriminalamt (BKA), the Federal Criminal Police Office of Germany. With more than 25 years of LE experience, during his career he served on a variety of positions in the field of Software Development, Counter-Money-Laundering operations, Hostage Situations and Counter Terrorism. His current team is the central intake for any international cybercrime-related matters in Germany.<\/p>\n<\/div>\n<\/div>\n\n CECILIA VERKLEIJ (Panellist)<\/p>\n<\/div>\n\n Cecilia J.M. Verkleij<\/a> is the Deputy Head of Unit Police Cooperation and Information Exchange at the Commission\u2019s Directorate General Migration and Home Affairs (DG Home). She joined the then Directorate General for Justice, Freedom and Security in 2005. Her current area of responsibility is to facilitate access to information for law enforcement authorities and agencies within the European Union, with a particular focus on personal data collected by private companies to prevent and fight terrorism and serious crimes. She was a member of the EU teams that negotiated the Passenger Name Records (PNR) agreements for Canada, the US, and Australia. She also was a member of the EU team that negotiated the EU-US TFTP Agreement, and participated on behalf of DG Home in the negotiations with the US on a data protection framework agreement in the law enforcement sector.<\/p>\n<\/div>\n<\/div>\n\n GREGORY MOUNIER (Panellist)<\/p>\n<\/div>\n\n Dr. Gregory Mounier<\/a>is the Head of the Outreach and Prevention team at the European Cybercrime Centre (EC3). He is an experienced Policy Advisor with a demonstrated history of working in the law enforcement industry. He is a member of the GAC Public Safety Working Group of ICANN (PSWG) where he focuses on the reform of the WHOIS.<\/p>\n<\/div>\n<\/div>\n\n The claim \u201cData is the new oil!\u201d suggests that data is a valuable commodity with many different uses across many applications. It is commonly accredited to Clive Humby, a British mathematician who highlighted the fact that, although inherently valuable, data needs processing, just as oil needs refining before its true value can be unlocked. However, more recently there have also been voices criticising the analogy by highlighting important differences: oil requires huge amounts of resources (including oil itself) to be transported to where it is needed. Data, on the other hand, can be moved around the world at the speed of light, at very low cost, through optical fibre networks. While oil is a finite resource, data is effectively infinitely durable and reusable. Treating it like oil, i.e. hoarding it and storing it in siloes, has little benefit and reduces its usefulness. At the same time the unconditioned collection also raises serious data protection concerns.<\/p>\n\n This panel will highlight risks and opportunities of data usage in the private as well as in the public sector and will set the scene for this law enforcement centred conference.<\/p>\n\n CORNELIA RIEHLE (Chair)<\/p>\n<\/div>\n<\/div>\n\n Cornelia Riehle<\/a> is the Course Director in Section III and Deputy Head of Section at the Academy of European Law. Previously, she worked as a lawyer at the Legal Service of Eurojust. Her expertise concerns Counter-terrorism and Criminal Justice.<\/p>\n\n <\/p>\n<\/div>\n<\/div>\n<\/div>\n\n PAUL DE HERT (Moderator)<\/p>\n<\/div>\n<\/div>\n\n Prof. Paul De Hert<\/a> is full professor at the Vrije Universiteit of Brussels and associated professor at Tilburg University (Tilt). He is Co-Director of the Brussels Privacy Hub (BPH) and co-founder of the Privacysalon. His work addresses problems in the area of privacy and technology, human rights and criminal law.<\/p>\n\n I am moderating a fascinating panel questioning the image of data as (the new) oil. It is good to look at the devices and concepts we use when discussing things and this panel will probably, judging the excellent speakers, makes us more hesitant while using oil as a reference point in fundamental rights discussions<\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n\n <\/p>\n<\/div>\n\n RALF BENDRATH (Panellist)<\/p>\n<\/div>\n<\/div>\n\n Ralf Bendrath<\/a> was the Senior Policy Adviser of Jan Philipp Albrecht, MEP (Greens\/EFA). He hacked the Commodore C-64 in the eighties, studied security policy and information warfare in the nineties, and researched internet privacy in the 2000s. His work focuses on digital civil liberties, including privacy and security. Since Jan Philipp Albrecht left the European Parliament in July, Ralf Bendrath continues his work as senior policy adviser of Romeo Franz MEP.<\/p>\n\n The challenge with big data for law enforcement is to prevent individual profiling and automated discrimination by all means.<\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n\n JYN SCHULTZE-MELLING (Panellist)<\/p>\n<\/div>\n<\/div>\n\n Jyn Schultze-Melling<\/a> is an Associated Partner at Ernst & Young Law in Berlin. He counsels his clients as a DPO Coach and a GDPR implementation strategy consultant. Previously, while he was Facebook\u2019s Director for Privacy Policy for Europe, he steered the company\u2019s policy efforts in data protection and privacy all over Europe.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n BABAK AKHGAR (Panellist)<\/p>\n<\/div>\n<\/div>\n\n Prof. Babak Akhgar<\/a> teaches Informatics at the Sheffield Hallam University. He is the director of CENTRIC and Fellow of the British Computer Society. He has extensive and hands on experience in development, management and execution of Knowledge Management (KM) projects and large international security initiatives, including combating terrorism and organised crime.<\/p>\n\n Legally optioned data is the corner stone of any intelligence lead policing for safety and security of citizens.<\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n\n ELS DE BUSSER (Panellist)<\/p>\n<\/div>\n<\/div>\n\n Dr. Els De Busser<\/a>is Assistant Professor Cyber Security Governance at the Institute of Security and Global Affairs at Leiden University. She is also Educational Director of the Cyber Security Academy at Leiden University, and an award winning researcher connected to The Hague Program for Cyber Norms. Her research is focused on cybersecurity, cyber governance, privacy, and data protection especially in the EU-US cooperation in criminal matters.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n Ransomware remains one of the most prominent malware threats, overshadowing data stealing malware and banking Trojans. Ransomware is a malware which locks computers, for instance by clicking on a malicious link. All of the personal data on the computer is no longer available to the user. The cybercriminals demand a ransom, usually in the form of bitcoins, to unlock the computer \u2013 bitcoin being the most prominent cyber-currency and very hard to trace back. If the locked computer is full of family photographs with no backup anywhere else, the user may be willing to pay. Things get way more serious if this is not just about family photographs but about the IT infrastructure of a hospital holding the health data of hundreds of patients.<\/p>\n\n This panel will examine the current ransomware threat landscape, related law enforcement challenges, and ways to safeguard your personal data by protecting against infection.<\/p>\n\n SONIA DE SOUSA PEREIRA (Chair)<\/p>\n<\/div>\n\n Sonia de Sousa Pereira<\/a> currently works as a specialist at the Data Protection Function of Europol. She is a former criminal lawyer and a researcher working on the implementation of victim-offender mediation and other restorative practices in Portugal. Sonia worked also in the legislative process of the Portuguese Government. Her areas of expertise include: data protection, law enforcement, penal law, restorative justice and the criminal justice system, gender equality.<\/p>\n<\/div>\n<\/div>\n\n NICOLE VAN DER MEULEN (Moderator)<\/p>\n<\/div>\n\n Dr. Nicole S. van der Meulen<\/a> works as Senior Strategic Analyst at the European Cybercrime Centre (EC3) where she leads the Strategy and Development team. She has worked as Advisor of Security Affairs at the Dutch Banking Association, and has led the cybersecurity side of Defence, Security and Infrastructure (DSI) team at RAND Europe in Cambridge. Prior to those engagements, she worked for the Dutch government where she was co-responsible for the development of the first Cyber Security Threat Assessment, before returning to academia at the start of 2012 as an Assistant Professor at the Department of Transnational Legal Studies at the VU University in Amsterdam.<\/p>\n<\/div>\n<\/div>\n\n RIK FERGUSON (Panellist)<\/p>\n<\/div>\n\n Rik Ferguson,<\/a> Vice President Security Research at Trend Micro, is one of the leading experts in information security. He is also a Special Advisor to Europol\u2019s European Cyber Crime Centre (EC3),. In April 2011 Rik was inducted into the Infosecurity Hall of Fame. Rik is actively engaged in research into online threats and the underground economy. He also researches the wider implications of new developments in the Information Technology arena and their impact on security, both in the enterprise and for society as a whole.<\/p>\n\n While current statistics show that criminal interest in ransomware has plateaued, with only a 3% increase in ransomware related incidents in the first half of 2018 (compared to 2H 2017), it is important to remember that this plateau comes after years of exponential growth. Ransomware remains a real threat to data and to business continuity, and the criminal actors still innovating in this space are quick to adopt new tools and techniques into their malicious creations.<\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n\n FRANCESCA BOSCO (Panellist)<\/p>\n<\/div>\n\n Francesca Bosco<\/a> is Project Lead within the Cyber-Resilience team of the World Economic Forum\u2019s Center for Cybersecurity. She worked for several years in the United Nations Interregional Crime and Justice Research Institute (UNICRI). She has been researching and developing technical assistance and capacity building programs to enhance cyber-resilience through creation of a dedicated workforce, as well as to ensure diversity and inclusion in cybersecurity; she has done research for a long period how to counter the involvement of organized crime within the field of cybercrime, as well as examining the legal implications and future scenarios of terrorist use of the internet and cyberterrorism.<\/p>\n<\/div>\n<\/div>\n\n STEFANO FANTIN (Panellist)<\/p>\n<\/div>\n\n Stefano Fantin<\/a> is a Legal and Policy Researcher at the Centre for IT & IP Law (CiTiP) at the Catholic University of Leuven. He has worked as a civil servant in the British Government at the Cabinet Office, where he focused on compliance and policy making regarding GDPR implementation, national cyber security strategy and Brexit in the context of the Government Digital Service task-force. Currently, he researches in the cyber policy and data protection fields (intelligence, law enforcement and e-Government).<\/p>\n\n In tackling the spread of ransomware, we cannot forget the crucial role of policies aimed at coordinating a responsible handling and disclosure of software vulnerabilities. This is not a matter of cyber hygiene only. It\u2019s rather a way to hold actors accountable in the cyberspace. From vendors to researchers, from the general public to Governments and security agencies, disclosure policies might truly help sharing responsibilities in Europe and globally.<\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n\n JURAJ SAJFERT (Panellist)<\/p>\n<\/div>\n\n Juraj Sajfert is a qualified lawyer in Croatia and has joined the Data Protection Unit of DG Justice and Consumers at the European Commission in 2014, moving from the position of a case-processing lawyer at the European Court of Human Rights. Ever since, Juraj works on the development and application of EU data protection law. Juraj has been closely involved in the process of drafting and negotiating the new EU data protection legislation, particularly focusing on the Data Protection Directive for police and criminal justice authorities, the Data Protection Regulation for Union institutions and bodies and data protection rules for the European Public Prosecutors\u2019 Office and Eurojust. He is also the Commission lead expert in Schengen evaluations of Member States in the field of data protection. He publishes regularly on topical issues for data protection in the area of law enforcement.<\/p>\n\n These are decisive times for the development of data protection culture and high standards of privacy protection across the European law enforcement authorities.<\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n\n <\/a><\/p>\n\n Darknet markets are a key crosscutting enabler for other crime areas, providing access to \u2013 amongst other things \u2013 compromised financial data to commit various types of payment fraud, and fraudulent documents to facilitate fraud, trafficking in human beings, and illegal immigration. While an unprecedented number of users are now making use of Tor, the Darknet is not yet the mainstream platform for the distribution of illicit goods. However, it is rapidly growing its own specific customer base in the areas of illicit drugs, weapons, and child sexual exploitation material. Compared to more established Darknet market commodities, such as drugs, the availability of cybercrime tools and services on the Darknet appears to be growing relatively fast.<\/p>\n\n This panel will use the amazing example of Dutch law enforcement in taking down the Hansa marketplace in order to demonstrate that users cannot count on remaining anonymous online and committing a crime \u2013 even on the dark web.<\/p>\n\n JAN ELLERMANN (Chair)<\/p>\n<\/div>\n\n Dr. Jan Ellermann<\/a> works as Senior Specialist in the Data Protection Function (DPF) of Europol. He advises the organization in all matters concerning operational data protection. He has been research assistant at the University of G\u00f6ttingen, lawyer in Hamburg, and public prosecutor in Flensburg.<\/p>\n<\/div>\n<\/div>\n\n STEVEN WILSON (Moderator)<\/p>\n<\/div>\n\n Steven Wilson<\/a> is the Head of European Cybercrime Centre (EC3) at Europol. He completed 30 years of service with Police Scotland, previously having served with Strathclyde Police, Scottish Crime and Drug Enforcement Agency and Her Majesty\u2019s Inspectorate of Constabulary. He has worked in a wide range of Senior Detective Roles including major investigations, counter terrorism, covert policing, fugitives and witness protections. He had responsibility for all aspect of cyber and cyber enabled crime in Scotland.<\/p>\n<\/div>\n<\/div>\n\n NILS ANDERSEN R\u00d6ED (Panellist)<\/p>\n<\/div>\n\n Nils Andersen R\u00f6ed <\/a> is the Project Leader at the Dark Web Unit of the Dutch National Police. He is also the Project Leader of Operation Gravesac \/ Bayonet, consisting in the takeover and takedown of darknet markets Hansa Market and Alphabay. Previously, he has worked as Network Engineer at Tele2 Nederland.<\/p>\n<\/div>\n<\/div>\n\n LODEWIJK VAN ZWIETEN (Panellist)<\/p>\n<\/div>\n\n Lodewijk van Zwieten<\/a> joined the public prosecution service of the Netherlands in 2004 and has over 10 years of experience in criminal investigations and prosecutions of cybercrime. As National Prosecutor for cybercrime (2009-2015) he was responsible for all operations of the High Tech Crime Unit of the Dutch National Police, including such ground-breaking cases as the Bredolab takedown, the Diginotar Breach and Blackshades. From 2015 to 2018 he was seconded to Eurojust as cybercrime expert prosecutor, assisting EU Member States in their cases and working closely with Europol\u2019s European Cybercrime Centre (EC3) and the J-CAT.<\/p>\n<\/div>\n<\/div>\n\n VICTORIA BAINES(Panellist)<\/p>\n<\/div>\n<\/div>\n\n Dr. Victoria Baines<\/a> is a leading author and speaker in the field of cybersecurity. Her areas of research include electronic surveillance and evidence gathering, the changing face of online identity, and the politics of cybersecurity. She serves on the Advisory Boards of Reliance ACSN and the International Association of Internet Hotlines (INHOPE), and is the Principal and Founder of Cartimandua Insight, a resource that helps governments and technology companies to navigate global cyber-diplomacy. For several years, Victoria was Facebook\u2019s Trust & Safety Manager for Europe, Middle East and Africa. Before joining Facebook, Victoria led the Strategy & Prevention team at Europol\u2019s European Cybercrime Centre (EC3), where she was responsible for the European Union\u2019s cyber threat analysis. She designed and developed the iOCTA.<\/p>\n\n We know that criminals misuse all available technology in one way or another, and are among early adopters when new tech comes along. What does the future hold for dark spaces and where will cybercriminals inhabit next\/<\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n\n Following the annulment of the Directive 2006\/24\/EC on Data Retention (DRD) by the Court of Justice of the EU (CJEU) in April 2014 due to a lack of proportionality (Digital Rights Ireland), and the Tele2 ruling in December 2016 (according to which also Article 15 of the ePrivacy Directive 2002\/58\/EC cannot serve as a legal basis for data retention), law enforcement and judicial authorities face enormous challenges in investigating online crime.<\/p>\n\n The present scattered data retention legal landscape has a serious impact on law enforcement operations. In the digital age, almost every form of \u201cclassic crime\u201d has an online or communication component. Communications data is, in particular, a vital tool for cross-border investigations into terrorism, the migration crisis, and rising cybercrime, the latter having a high impact and increasingly low detection risk. Electronic communication data, such as IP addresses, is regularly the only starting point of an investigation. It is important to understand that there is often a gap in time between the moment a communication event occurs and the moment that law enforcement becomes aware of the relevance of related meta-data, due to the complexity of the investigations concerned. The reality is that due to the lack of mandatory data retention \u2013 in far too many cases \u2013 data is no longer available by the time law enforcement is able to request it.<\/p>\n\n The CJEU did not deem data retention to be non-compliant with fundamental rights. It highlighted that the fight against serious crime \u201cgenuinely satisfies an objective of general interest\u201d and can hence also justify serious interferences with the right to private life and data protection.<\/p>\n\n This panel will look into the question of how a proportionate data retention regime at EU level, building on the criteria defined by CJEU, could be put into practice.<\/p>\n\n JAN ELLERMANN (Chair)<\/p>\n<\/div>\n\n Dr. Jan Ellermann<\/a> works as Senior Specialist in the Data Protection Function (DPF) of Europol. He advises the organization in all matters concerning operational data protection. He has been research assistant at the University of G\u00f6ttingen, lawyer in Hamburg, and public prosecutor in Flensburg.<\/p>\n<\/div>\n<\/div>\n\n CHRISTIANE HOEHN (Moderator)<\/p>\n<\/div>\n\n Dr. Christiane Hoehn is the principal adviser to the EU Counter-Terrorism Coordinator, for whom she has worked since 2010. Her previous assignments at the EU were transatlantic relations and non-proliferation and disarmament. Prior to joining Council of the EU in 2004, she was a researcher at the Max Planck Institute for International Law in Heidelberg and an affiliate at the Center for Public Leadership, Harvard Kennedy School of Government. Christiane holds a PhD in international law from Heidelberg University, an LLM from Harvard Law School and the two German State examinations in law. She has published a book and several articles in international law and international affairs.<\/p>\n<\/div>\n<\/div>\n\n BEN HAYES (Panellist)<\/p>\n<\/div>\n\n Ben Hayes<\/a> is a TNI fellow and researcher working on security, counter-terrorism, border control and surveillance. He previously set-up the counter-terrorism programme at the European Centre for Constitutional and Human Rights and worked with the civil liberties organisation Statewatch from 1996 to 2014. He has recently worked as a data protection legal advisor to both the UN Refugee Agency and the International Committee of the Red Cross before establishing his own data protection consultancy. He also works as an ethics advisor to the European Commission and European Research Council.<\/p>\n<\/div>\n<\/div>\n\n ILMARI VIRO (Panellist)<\/p>\n<\/div>\n\n Ilmari Viro<\/a> is the Head of Special Operation at the Telecommunication Unit of the National Bureau of Investigations of Finland. He has an established career in the world of law enforcement, working for the Finnish KRP in Vantaa for more than 14 years.<\/p>\n<\/div>\n<\/div>\n\n GERT VERMEULEN (Panellist)<\/p>\n<\/div>\n\nProgramme<\/h2>\n\n
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Thursday, 22 November 2018<\/h2>\n\n
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Keynote Speech \u2013 Moving away from the \u201cFreedom vs. Security\u201d tune<\/h2>\n\n
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Panel 1: Impact of GDPR on law enforcement: the WHOIS story<\/h2>\n\n
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Panel 2: Data as the new oil? Risks and opportunity for citizens and law enforcement<\/h2>\n\n
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Panel 3: Data as the hostage \u2013 ransomware is still alive!<\/h2>\n\n
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Panel 4: The take-down of Hansa \u2013 at times the Darknet ain\u2019t that dark!<\/h2>\n\n
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Panel 5: The death of data retention at EU level \u2013 the mass surveillance scandal fallout and its detrimental consequences for law enforcement.<\/h2>\n\n
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