[Chapter-delegates] information about replacement fo Budapest convention in EU - What ISOC is doing

[borka at e5.ijs.si]

No hank, GDPR is still in place. The new regulation about preserving data 
in crime investigation make clear difference between "traffic data" where 
IP 
belongs and "personal data" where name, address ect. belong. But the 
search must be supported by legal document known as EU Investigation 
Order. The documents 
that are not yet officially adopted in deep analyse the process of cross 
border data collection. The main benefit is that an investigation order 
issued by legal authority in one country can be almost  dirrectly sent to 
the service provider in another EU country. There is a proposal the 
service providers to have a person that will be appointed to directly 
communicate with the officers involved in the crime investigation 
regarding data ccollection.

The Directive is available on EU portal, but the Regulation documents 
really clarify most of the issues.

If you are further interested I can mail you a link of a paper I wrote 
discussing the drawbacks of Budapest convention and the new directive EIO 
(and not yet adopted Regulation documents).

Regards,

Borka



On Wed, 7 Jul 2021, Hank Nussbacher wrote:

> On 07/07/2021 16:02, 32888 via Chapter-delegates wrote:
>> 
>> In 2017 EU Commision has developed and adopted the new Directive definig  
>> the European Investigation Order that replaces the Budapest convention and 
>> is now translated to the EU member state legislations (with exception of 
>> Ireland and Denmark). Further supporting documents were prepared as 
>> "Regulations" regarding the rules and the methods enabling direct  
>> cross-border data collection in case of cybercrime investigation with 
>> newest defintions of the digital services and type of data (e.g. traffic 
>> and private). These documents are declaring  cooperation with USA and other 
>> countries on the same  subject addressed by the Budapest convention. 
>> However, their final adoption was delayed due to the COVID19 crise.
>> 
>> With regards,
>> 
>> Borka
>
>
> Borka,
>
>
> Thank you for sharing this.  How does this relate to GDPR regulations which 
> severely curtail data collection for security purposes?
>
> For example, Netflow data which is used extensively by security analysis 
> systems, either needs to be sanitized of IP addresses (which makes it close 
> to useless) or cannot be exported outside of Europe.
>
>
> Do these regulations supersede GDPR?
>
>
> Regards,
>
> Hank Nussbacher
>
> ISOC-IL
>
>