The EU as a whole and its individual Member States are facing new, varied and complex security threats which are more international and increasingly cross-border in nature. Several legal, and practical tools have been put in place to fight terrorism and cross-border crime. In particular, information exchanges and operational cooperation between law enforcement authorities have been strengthened.
EDPS Comments on the Recommendation from the Commission to the Council to authorise opening of negotiations between the European Union and the United States of America for an international agreement to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorist financing
Opinion of 29 April 2009 on a notification for prior checking on Voice Logging at the Joint Research Centre Institute for Energy (JRC-IE) in Petten (Case 2008-014)
This case concerned the recording of incoming and outgoing calls as well as records the calling telephone number, the called telephone number, date, time and length of the conversation at the JRC-IE in Petten the purpose of being able to check the content of the calls to the lines concerned in the event of an operational incident, emergencies and to be able to evaluate emergency training exercises at a later stage. These calls may also furnish evidence for investigations into potential threats to the institution.
The EDPS opinion particularly examines the lawfulness of the processing operation as the recording of calls is a violation to the principle of confidentiality of communications. The EDPS acknowledged that the processing was lawful as based on mandatory national legislation applicable in the field of nuclear facilities. The EDPS also made recommendations on the information to the persons concerned notably to external persons calling the switchboard and who must be informed that the communication will be recorded for security purposes at the start of the call.
Answer to a notification for prior checking on site management and security (Case 2009-036)
Second opinion on the review of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ C 128, 06.06.2009, p. 28