On 22 November the Concluding Report (pdf) of the High-Level Group (HLG) on access to data for effective law enforcement was announced.
Criticism
Statewatch reported on an earlier report of this HLG and said the following on the significance of the proposals:
The EU should reintroduce mass telecommunications surveillance and create backdoors to encrypted data, a new plan drafted in secret by police and security officials says. To do so, close coordination between the state and industry would be required, to ensure what the plan calls “lawful access by design.” The plan repeats demands made many times over the years by officials, and may find a warm reception from the incoming European Commission.
In a recent newsletter Statewatch said:
A follow-up report that seeks to “operationalise” the proposals has now been made public. The report is organised into three themes:
* Digital forensics: “the collection, analysis and preservation of digital evidence”;
* Data retention: information generated through the use of telecoms systems and devices, “notably IP addresses and port numbers,” to identify users and work out who has been talking with whom;
* Lawful interception: “covert access to data from a suspicious communication.”The report “invites the Commission, the Member States, the European Parliament and all relevant stakeholders to draw inspiration from the recommendations and the report when developing measures to address the issue of access to data for effective law enforcement.” A multitude of specific proposals are made.
Heise in the article EU prosecutors demand: Sanction data-saving messenger services explains the context of the HLG proposals. They refer to the Harvard study Don’t Panic. Making Progress on the “Going Dark” Debate.
Netzpolitik is also following this HLG, read EU-Arbeitsgruppe will Zugang zu verschlüsselten Inhalten.
The European Data Protection Board (EDPB) is critical about the plan, read their statement.
The agenda of the Council of the EU of 12 / 13 December 2024
During the Justice and Home Affairs Council of the Council of the EU on 12 and 13 December next, ‘Access to data for effective law enforcement‘, that will mean the end of the digital communication secrecy principle, is on the agenda, according to the Provisional list of A items of 25 September:
Non-legislative activities
Justice and Home Affairs (…)Conclusions on access to data for effective law enforcement
Approval
In the Provisional agenda of 26 November one of the non-legislative activities of 12 December is:
Access to data for effective law enforcement: concluding report of the High-Level Group 5
Exchange of views5 The European agencies Eurojust and Europol are invited to this item.
On 13 December it is also on the agenda:
Access to data for effective law enforcement: concluding report of the High-Level Group 7
State of play7 The European agencies Eurojust and Europol are invited to this item.
It looks like the Council wants to move quickly on the HLG proposals.

