The EU’s High-Level Group on access to data for law enforcement (HLG) has identified digital forensics as one of three key areas requiring progress to allow law enforcement agencies to fight crime effectively, together with data retention and lawful interception. Member States possess the expertise and have the capacity to engage in digital forensics, defined as the collection, analysis and preservation of digital evidence stored in any digital form on an electronic device. However, the ability of law enforcement agencies to access data stored on confiscated devices differs widely among Member States. According to the HLG, much could be gained by law enforcement agencies sharing both know-how and technical solutions, but the absence of comparable capacities among digital forensics laboratories and the general lack of standardised forensics procedures and of mechanisms enabling the recognition of skills and expertise of digital forensics experts are obstacles to cross-border cooperation. Europol, the European Union Agency for Law Enforcement Cooperation, already plays an important role in digital forensics. The Commission would like Europol to evolve further into a centre of excellence for operational expertise in this field. Encryption lies at the heart of the debate around digital forensics. Encryption is vital to protecting personal data and fundamental rights. However, it also represents an obstacle to criminal investigation, and hence a threat to security in Europe. The Commission will present a technology roadmap on encryption in 2026, to identify technological solutions that would enable law enforcement authorities to access encrypted data in a lawful manner, while safeguarding cybersecurity and fundamental rights. In its capacity as co-legislator, the European Parliament has actively engaged in shaping policies concerning law enforcement access to data, balancing the need for effective crime prevention with the protection of fundamental rights. This is one of four briefings that explore different aspects of the roadmap for effective and lawful access to data for law enforcement. These include a summary of the roadmap, and briefings on lawful interception, data retention and digital forensics.

Source link