scholarly journals Requirements of EU law enforcement agencies for lawful interception of information in electronic communications networks

2021 ◽  
pp. 115-120
Author(s):  
S. КOKIZA ◽  
V. STEPANOV

The article is devoted to the analysis of regulatory and legal acts and normative documents of the EU on information interception in electronic communication networks in the context of preparation of technical regulations of the united system of technical means.

2017 ◽  
Vol 18 (4) ◽  
pp. 823-880 ◽  
Author(s):  
Michael Faure ◽  
Franziska Weber

Traditionally in the division of labor between the European level and the Member States it was, roughly, the European legislature that set the norms and the Member States that took care of enforcing these norms. In various policy areas, an implementation deficit has been observed, which is said to be partly due to the Member States facing difficulties with the choice of procedural options. For that reason, among others, the European legislature increasingly prescribes the enforcement approach to the Member States to back up national legislation that implements European law. This Article examines the incoherence of the EU's approach to law enforcement in the areas of consumer, competition, environmental, and insider trading laws. After setting out the EU's legal competences with a view to law enforcement, the rather diverse picture—mixes—of private, administrative, and criminal law enforcement in the four areas will be illustrated. The authors then ask the question of whether this divergence can be explained by an economic reasoning with respect to law enforcement. The analysis, however, identifies substantial differences between an ideal enforcement mix and the current enforcement approaches used in EU law. Moreover, it is suggested that the economic approach could be employed to provide more consistency to the use of enforcement tools in EU law.


2010 ◽  
Vol 11 (2) ◽  
Author(s):  
Lukas Feiler

AbstractThe ePrivacyDirective and the FrameworkDirective as amended by the EU Telecoms Package introduce, for the first time, obligations for providers of public communications networks and for providers of publicly available electronic communications services to notify certain personal data security breaches and certain network security breaches to subscribers, individuals concerned, and/or the competent national (regulatory) authority. This paper analyzes the conditions under which different types of security breaches will have to be notified and to whom this notification will have to be addressed. The paper will conclude with a riskbased assessment of these new security breach notification requirements, examining to what extent they not only allow users to take corrective security measures and regulators to make informed policy choices, but also to what extent the new policies address the fundamental problem of the misalignment of risk and risk mitigation capability.


2018 ◽  
Vol 18 (1) ◽  
pp. 23-30 ◽  
Author(s):  
Yu. Radchenko ◽  
H. Korobeinykov ◽  
A. Chernozub ◽  
H. Danko ◽  
L. Korobeinykova

The research objective is to study the current state of hand-to-hand combat and determine the prospects for its development. Materials and methods. The researchers studied the documents on organizing and holding the competitions that took place in 2014-2016, the number and quality of their participants, coaches, hand-to-hand combat referees. The researchers analyzed training programs and competition rules of the most popular combat sports, constituent documents of public associations engaged in hand-to-hand combat development, normative documents on physical training of law enforcement agencies, the Armed Forces of Ukraine and armies of the world’s leading countries. Results. Hand-to-hand combat is closely related to solving military tasks. Due to its ability to adapt to modern military requirements, it is included in military training programs of various law enforcement agencies, the Armed Forces of Ukraine and armies of many countries of the world. The sports type of hand-to-hand combat is the basis for shaping and improving professional and applied skills and has its peculiarities, namely combat (applied) sections included in its training program and competition rules. The analysis of regulatory documents of hand-to-hand combat competitions of different levels among adults held in Ukraine in 2014-2016 proved that the overwhelming majority of them, 65% (of the total number of competitions held among adults) are competitions among employees of various law enforcement agencies and servicepersons. The analysis of competition rules revealed the peculiarities of organizing and holding competitions in this sport, in particular the possibility to hold competitions demonstrating the techniques used in standard situations of a real combat with an enemy, with and without weapons. This provides an opportunity to control servicepersons’ and law enforcement officers’ proficiency level of the applied section. Conclusions. The modern hand-to-hand combat is a unique sport that combines sports and applied types. Due to its peculiarities, it is currently a significant part of combat and professional training of servicepersons and law enforcement officers.


Res Publica ◽  
1997 ◽  
Vol 39 (4) ◽  
pp. 523-545
Author(s):  
Ivan Couttenier

In 1996, Belgian politics centered around three major issues: the jobs contract, the 1997 budget and political fallout of the Dutroux affair (the four girls killed by a pedophile ring).During the first months of the year, Prime Minister Dehaene attempted to win support for a comprehensive jobs contract, but the draft agreement was turned down by the Socialist trade union militants. Nevertheless, the measures contained in the agreement were later implemented by the cabinet, without the consent of the employers and organized labor. Together with adjustments made to the social security system and implementation of budgetary measures needed to reach the conditions set by the EU for joining the Economic and Monetary Union, the jobs contract was implemented by means of special powers. The cabinet obtained these special powers from Parliament before the summer recess.  After the summer, as a result ofthe Dutroux alfair, the cabinet dealt with legal reform, in the process trying to quell tensions arisen among the law enforcement agencies.


2015 ◽  
Vol 3 (2) ◽  
pp. 53-62 ◽  
Author(s):  
Nora Ni Loideain

Legal frameworks exist within democracies to prevent the misuse and abuse of personal data that law enforcement authorities obtain from private communication service providers. The fundamental rights to respect for private life and the protection of personal data underpin this framework within the European Union. Accordingly, the protection of the principles and safeguards required by these rights is key to ensuring that the oversight of State surveillance powers is robust and transparent. Furthermore, without the robust scrutiny of independent judicial review, the principles and safeguards guaranteed by these rights may become more illusory than real. Following the Edward Snowden revelations, major concerns have been raised worldwide regarding the legality, necessity and proportionality standards governing these laws. In 2014, the highest court in the EU struck down the legal framework that imposed a mandatory duty on communication service providers to undertake the mass retention of metadata for secret intelligence and law enforcement authorities across the EU. This article considers the influence of the Snowden revelations on this landmark judgment. Subsequently, the analysis explores the significance of this ruling for the future reform of EU law governing metadata surveillance and its contribution to the worldwide debate on indiscriminate and covert monitoring in the post-Snowden era.


2020 ◽  
pp. 114-137
Author(s):  
Ian J. Lloyd

This chapter considers the application of data protection principles within the media and electronic communications sectors. In both areas, the operation of data protection principles has been contentious. Data protection issues are principally concerned with the application of what might be regarded as ‘traditional’ data protection principles in the context of activities where different priorities might legitimately be identified. In some respects, media processing might be compared with law enforcement agencies. Digging out the truth about the unsavoury activities of powerful elements in society might well require the use of tactics and techniques that would be regarded as unfair in more general contexts.


Author(s):  
Philip E. Steinberg ◽  
Darren Purcell

Electronic communications refer to forms of communication where ideas and information are embedded in spatially mobile electronic signals. These include the internet, telephony, television, and radio. Electronic communications are linked to state power in a complex and, at times, contradictory manner. More specifically, a tension exists between divergent pressures toward constructing electronic communication spaces as spaces of state power, as spaces of escape, and as spaces for contesting state power. On the one hand, states often invest in infrastructure and empower regulatory institutions as they seek to intensify their presence within national territory, for example, or project their influence beyond territorial borders. The widespread use of electronic communication technologies to facilitate governmental power is especially evident in the realm of cyberwarfare. E-government platforms have also been created to foster interaction with the state through electronic means. On the other hand, communication systems thrive through the idealization (and, ideally, the regulatory construction) of a space without borders, whereby individuals might bypass, or even actively work to subvert, state authority. Just as the internet has been seen as a means for state power to monitor the everyday lives and subjectivities of the citizenry, it has also been employed as a tool for democratization. Various institutions have emerged to govern specific electronic communication networks, including those that are focused on reproducing the power of individual states, those that operate in the realm of intergovernmental organizations, those that devolve power to actors in local government, and those that empower corporations or civil society.


Author(s):  
Ian J. Lloyd

This chapter considers the application of data protection principles within the media and electronic communications sectors. In both areas, the operation of data protection principles has been contentious. Data protection issues are principally concerned with the application of what might be regarded as ‘traditional’ data protection principles in the context of activities where different priorities might legitimately be identified. In some respects, media processing might be compared with law enforcement agencies. Digging out the truth about the unsavoury activities of powerful elements in society might well require the use of tactics and techniques that would be regarded as unfair in more general contexts.


2017 ◽  
Vol 18 (3-4) ◽  
pp. 175-197 ◽  
Author(s):  
Serge J.H. Gijrath

This article assesses the innovation policy objectives underlying the proposed European Union (EU) Telecom Single Market regulation considering disruptive technological developments. The article explores the network operator’s dilemma how to deal with investments in a time where fundamental innovation comes from outside and the regulator’s dilemma how to improve the conditions for access to the operators’ networks and how to safeguard a level playing field. The EU measures with respect to two technological issues are discussed considering the EU’s policy objectives with respect to the deployment of 5G and the goal to ensure very high-speed broadband access in the EU. Thought is given to the effectiveness of imposing active and passive infrastructure arrangements. A mix of regulatory measures is considered in moving towards smarter electronic communications networks regulation.


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