Toolkit for policy makers and police/security forces

Objectives

To create a toolkit for policy makers and police/security forces which will enable them to, inter alia,

  • Address problems raised in WP2-9
  • Review existing legal instruments such as Council of Europe Recommendation R(87)15, EU Directive 46/1995 on Protection of personal data and Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters
  • Produce DP guidelines for other WPs
  • Enact a model law which could be adopted across the EU member states providing scalable measures including explicit safeguards for smart surveillance especially in furtherance of Section 7 and other parts of Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

Description of work

Task 12.1 Produce Data protection Guidelines for other Work Packages

Desk-top research will be carried out to review existing legal instruments such as Council of Europe Recommendation R(87)15, EU Directive 46/1995 on Protection of personal data and Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters. This review will be completed before completion of Task No. 1 in WPSs 2-7 and will be communicated to those WPs in order to inform the process of Task 2 in those WPs

Task 12.2 Evolutionary design of Toolkit

An initial design of the Toolkit will be developed during the initial stages of the SMART project, identifying:

  • Sources of information that will inform the development and creation of the Toolkit.
  • Draft division of the ‘chapters’/tools in the Toolkit.
  • Methodology to be followed in the creation of the Toolkit.

The design will evolve as the different WPs take shape and the findings from each WP are produced.

Task 12.3 Identifying ways to implement best practice

Working closely with WP8, ways to implement best practices in the toolkit will be identified taking into account:

  • The best/good practice identified as part of WPs 2-7 on integration and interoperability of surveillance data with existing databases.
  • The responses developed in other areas of law to the issues arising from the use of surveillance.

Task 12.4 Examine & Analyse theories of surveillance regulation

In cooperation with WPs6 and 7, to provide an appropriate theoretical framework within which to develop the Toolkit.

The WP will:

  • Provide an overview of the different models of regulation for surveillance already employed or discussed in literature – generic or specific to a particular investigation, explicitly including or excluding specific technologies (eg FRT), guidelines or binding laws.
  • Analyse existing literature, studies, etc. regarding the conditions that have to be given for a particular model to be successful
  • Examine which model would best support the recommendations to be made in the toolkit taking into account the global nature of the problem.

The task will mainly be carried out through desktop research.

Task 12.5 Creation of toolkit

A toolkit will be created which will enable policy makers to

  • Minimise the risks identified in WP2-8;
  • Implement the safeguards identified in WP2-8 through adoption of a model law.

The creation of the Toolkit will be based on the evolved initial design and will use the analysis of:

  • The outputs of the previous WPs.
  • Current best practices identified in WPs2-8 and 12.2.
  • The responses identified in Task 12.3 that have been developed in other areas of law.
  • Theories of regulation of surveillance identified in Task 12.4.

While the final distribution of ‘measures’ that will form part of the toolkit will depend on the findings & analyses of the four inputs, possible elements which will be considered include:

  • Technical features.
  • Regulatory, self-regulatory and co-regulatory measures.
  • Development of industry standards.
  • Educational measures.

An explanatory text to explain the choices made and the implications of different recommended paths of action will also be part of the Toolkit.