Highly controversial, non-transparent and rarely questioned: the Commission and Council of the European Union are currently preparing a new, EU-wide digital surveillance package. The plan includes the reintroduction and expansion of the retention of citizens’ communications data as well as specific proposals to undermine the secure encryption of data on all connected devices, ranging from cars to smartphones, as well as data processed by service providers and data in transit.

Behind closed doors the Commission has announced it is already preparing impact assessments and an implementation plan.

Former Pirate Party MEP and digital freedom fighter in the European Parliament Patrick Breyer comments:
“The plan is still widely unknown among citizens, journalists and politicians, even though we hold the documents in our hands and the extent of the plans is frightening. A number of questions remain unanswered.”

Documents

Landing page about the »High-Level Group (HLG) on access to data for effective law enforcement« provides background information, press reports, documents and my view on the group’s plan.

Timeline

• 6 June 2023: Commision decision “setting up a high-level group on access to data for effective lawenforcement”
• Between June 2023 and June 2024: Four meetings of the #EuGoingDark group and its sub-groups, partly documented on the group’s website
• 6 June 2024: Publication of the 42 recommendations of the #EuGoingDark group
• 1 July 2024: Start of the Hungarian Presidency, announcing to continue the #EuGoingDark- program („European consensus on the retention and access to law enforcementdata“)
• Announced for Q2 2024: Second Eurojust Data Retention Report
• 16 July 2024: Constituent Meeting of the European Parliament

From September 2024 onward:

• 3-5 September: Working Party on Cooperation in Criminal Matters (COPEN)
• Date tba: State of the Union speech by the President of the European Commission
• Date tba: Adoption of the Commission work programme 2025
• 10-11 October 2024: Justice and Home Affairs Council
• 16-17 October: EU -U.S. Senior Officials Meeting on Justice and Home Affairs
• 15 November: Final meeting of the #EuGoingDark group
• 25 November: Safe in Europe Forum 2024
• 27 November: Concluding report of the #EuGoingDark recommendations to be presented to the Working Party on Cooperation in Criminal Matters (COPEN)
• Date tba: Joint priorities of the EU institutions for 2025
• 9-11 December 2024: 140th Management Board Meeting of Europol
• 12-13 December 2024: Justice and Home Affairs Council with “exchange of views on Access to data for effective law enforcement”
• 1 January 2025: Beginning of the Polish Council Presidency

Open questions

• Who participated in the meetings of the #EuGoingDark group and its sub-groups? Participant lists are still undisclosed. Mullvad VPN has reported that at least one former US secret service official has participated.
• Why were digital rights NGOs such as EDRi not invited to the meetings of the working group even when the group‘s website says it is an “collaborative and inclusive platform for stakeholders from all relevant sectors“?
• Why aren‘t the group and its sub-groups registered in the Register of Commission Expert Groups and other similar entities (i.e. consultative entities) which would provide for significantly more transparency?
• How do the new EU Commissioners directly and indirectly involved in the issues concerned, the European Ombudsman, the data protection authorities of the EU and the member states, IT security experts, consumer protection organisations and others assess the working methods and plans of the #EuGoingDark-group?

Contacts to the group

European Commission
Directorate-General Migration & Home Affairs
46 Rue de Luxembourg | B-1049 Brussels | Belgium
E-Mail: EC-HLG-GOING-DARK [:at:] ec.europa.eu.

Olivier Onidi
Deputy Director General
Directorate-General for Migration and Home Affairs
European Commission

patrick-breyer.de/en/eugoingda…