EU’s data watchdog: International cooperation to fight crime should comply with EU law
The European Data Protection Supervisor (EDPS) published on 20 January 2022 his Opinion on two Proposals: one to authorise EU Member States to sign the second Protocol to the Budapest Convention on Cybercrime, and one to authorise EU Member States to ratify this same Protocol.
In its current form, the Protocol would allow non-EU countries that are party to the Protocol to directly request service providers in the EU to disclose certain types of information that could pose a significant risk to the fundamental rights to privacy and data protection. The EDPS believes that requests for accessing specific types of information, in particular certain types of access numbers, should only be granted if they are transmitted to the authorities of the Member States and not directly sent to service providers.