This is the case in particular when it comes to retaining and accessing data necessary to investigate and prosecute crime. In conclusions approved today, the Council calls on the EU and member states to take action to ensure effective and lawful access to data for judicial and law enforcement authorities.

We cannot allow digitalisation to give a competitive edge to criminals over law enforcement. Access to data is essential so that law enforcement authorities can fulfil their mission of keeping citizens safe.

Sándor Pintér, Hungarian Minister for Home Affairs

High-level group

As the digitalisation of our societies creates conditions enabling criminals to exploit technological advances in order to commit crimes, effective access to data for law enforcement purposes has emerged in recent years as a key challenge for criminal investigations and prosecutions.

It is against this background that the Council, in June 2023, endorsed the establishment of the high-level group on access to data for effective law enforcement. The group was composed of representatives of the member states, the Commission, EU bodies and agencies and the EU Counter-Terrorism Coordinator.

Implementing concrete actions

With the expert group having concluded its work, the Council invites the EU institutions, bodies and agencies and the member states to consider its valuable contribution when developing and implementing concrete actions relating to access to data.

The Council also invites the European Commission to prepare, by the first half of 2025, a roadmap for the implementation of measures displaying a clear timeline and clear responsibilities and covering resource aspects.

The Council furthermore recognises the need to engage constructively with industry, civil society and other relevant stakeholders to communicate clearly about the purpose and added value of the activities envisaged.

Next steps

Following these Council conclusions, and taking into account the exchange of views of ministers on access to data on 12 December 2024, the Commission will prepare by the first half of 2025 a roadmap for the implementation of concrete measures to guarantee access to data for effective law enforcement, taking into account the relevant case law of the Court of Justice of the EU and with full respect for fundamental rights.

Background

On 6 June 2023 the Commission established a high-level group on access to data for effective law enforcement. This followed on from a discussion at the informal meeting of justice and home affairs ministers on 26 January 2023 concerning the challenges faced by judicial and law enforcement authorities with regard to accessing data to combat crime in the digital age.

The experts in the high-level group identified 42 recommendations, clustered around the building blocks of capacity-building, cooperation with industry and standardisation, as well as possible legislative measures, to address the challenges of investigating and prosecuting criminal activities that risk going dark. Home affairs ministers welcomed the valuable contribution made by the experts and considered their recommendations at their Council meeting in June this year.