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Cybercrime and Data protection

Cybercrime and Data protection. Hielke HIJMANS Head of Unit Policy & Consultations. A supervisor for the institutions Based on Regulation 45/2001 (and Art 16 TFEU) Needed to harmonise level of protection within institutions with level in Member States (public and private sector).

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Cybercrime and Data protection

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  1. Cybercrime and Data protection Hielke HIJMANSHead of UnitPolicy & Consultations

  2. A supervisor for the institutions Based on Regulation 45/2001 (and Art 16 TFEU) Needed to harmonise level of protection within institutions with level in Member States (public and private sector). Wide responsibility ensuring respect of fundamental rights by EU-institutions. Not only supervision but also “consultation” and “cooperation”. Intervention CJEU EDPS

  3. The fight of cybercrime may involve processing of personal data; risks of intrusions privacy Wide variety of activities with different consequences (focus mostly content) Cooperation with ISPs Purpose limitation and proportionality Introductory remarks

  4. Police and judicial authorities are bound by the ex 3rd pillar framework; complicated framework For ISPs situation appliable law unclear, when they assist in fight cybercrime What will data protection reform package clarify? Applicable data protection law

  5. Preventing cybercrime as it obliges data controllers to analyse risks and take appropriate security measures DPIA, Data protection by Design, Accountability Security breaches Security audits Data protection in substance

  6. WP29: No systematic obligations of surveillance; deep packet inspections EDPS: proportional approach needed CJEU (Sabam): Hosting service provider may not be asked to carry out general monitoring of information it stores. Need to strike a balance between the different interests at stake. Cooperation ISPs

  7. EDPS Opinion June 2012 Clear definitions, scope and procedures Direct access Europol to widest array of public, private and open source actors. European Cybercrime Center

  8. avoid systematic surveillance by ISPs and other providers systematic tracking and tracing of users is itself in clear breach of fundamental legal principles establishing new centres of combating cybercrime should embed from the beginning data protection and privacy safeguards; we should only provide for targeted measures, where required and proportionate, with all appropriate safeguards. Conclusion

  9. More information: www.edps.europa.eu edps@edps.europa.eu Postal address: Rue Wiertz 60 - MO 63 B-1047 Brussels THANK YOU!

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