EU data protection commissioner takes a critical view of “cybercrime convention

The so-called “Cybercrime Convention” is intended as a response to the increasing danger posed by cyberattacks. Now, however, the regulation seems to have some problems. Data protection experts in the EU warn against undermining fundamental rights.

An additional protocol causes stomach ache

The Cybercrime Convention is right and important in light of the increase in cyberattacks. But now an additional protocol is causing a proper headwind from data protectionists. Namely, this one states that extensive cloud files can be accessed. Wojciech Wiewiórowski, the EU’s data protection commissioner, sees this as posing too great a risk to innocent EU citizens. Accordingly, more protection must be provided for such individuals. The data protection expert is particularly concerned that the additional protocol will allow countries outside the EU to access cloud information. He sees this as a major threat to the fundamental rights of EU citizens.

Data protection expert sets conditions

If Wiewiórowski has his way, the regulation would have to be adapted again in detail and, if necessary, expanded. On the one hand, there would be the possibility of accessing sensitive data such as passwords or IP addresses. These may only be passed on after the responsible EU authorities have received them. Direct access to cloud services, as provided for in the current version of the additional protocol, would be too insecure. In addition, an independent EU institution would have to be tasked with reviewing each individual request for information. A corresponding bilateral agreement with the U.S. could provide clarity in this regard. The paper should also be much clearer about the importance of data protection in the EU. Fairness in particular, for example, as well as information protection, play a major role.

Cooperation with third countries is important

In order to prevent non-EU states from instrumentalizing the regulations with bad intentions, suitable agreements must also be concluded. In doing so, one should by no means prejudge other states. After all, the fight against cybercrime is a goal that every country is entitled to pursue. The only question is at what price the information should be released. An agreement between the EU and third countries is important for this. If this happens, it should also be possible to bring the fight against cybercrime into line with the fundamental rights of EU citizens.