The Law Enforcement Directive – data protection challenges in practice

Today, a single camera scan from a distance can identify one person in a crowd. Law enforcement authorities in a growing number of EU Member States use or are considering using this AI-driven technique, known as remote biometric identification. While it can support public security and protect people from crime, it also poses serious risks to fundamental rights. FRA’s report draws on legal analysis, interviews with law enforcement practitioners and other experts, observations of police work and a public survey across selected EU Member States. FRA points to the need for a comprehensive legal basis for RBI use for law enforcement, including defined purposes, limits on identifying participants in peaceful assemblies or political gatherings, independent oversight and fundamental rights impact assessments, all of which should be in place before RBI is deployed.

The ability to communicate freely and privately online is protected under Article 7 of the EU Charter; it is a crucial enabler of other fundamental rights, particularly as the world becomes increasingly digital. This paper presents results from an EU-wide survey about people’s views on encryption of their private online communication. It looks, for example, at concern regarding access by outside actors to information shared when using private messaging applications. The results indicate that people highly value encryption and at the same time have concerns about online communications being accessed without their knowledge or permission. It provides a timely evidence base to shape policy discussions on internal security and digital privacy.

Data protection rules protect privacy and prevent personal information from misuse. When the general data protection regulation (GDPR) came into force in 2018, it strengthened the role of data protection authorities. These supervisory bodies are the key enforcers of the fundamental right of protection of personal data. This report analyses the challenges they face in the GDPR implementation. The findings complement the European Commission's forthcoming evaluation of the GDPR.

The General Data Protection Regulation (GDPR) has applied across the European Union (EU) since 25 May 2018. One year on, this paper looks at how the new regulation has affected the daily work of civil society organisations (CSOs).

This summary presents the FRA’s main research conclusions, which are published in full in Access to data protection remedies in EU Member States.