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Metadata Law Enforcement Conference

Impacts resulting from CJEU case law and its reflection in Member States' legislation

The negative impacts have significant consequences in cases where the use of such data is essential for the success of criminal investigations involving:

  • Crimes where the identification of suspects is only possible through IP data, including dynamic IP subscription data;
  • Serious crimes whose investigation and prosecution, being organised and complex, presuppose the definition of prior planning and the identification of all the perpetrators, even if not present in the material execution of the criminal act

These negative impacts naturally affect the fulfilment of the missions of LEA´s, simultaneously and in a more holistic way, they affect the whole of society, citizens' rights, freedoms and guarantees and, consequently, the democratic rule of law, as we live in historical times of an increasing imbalance between the means and capacities abused by criminal organisations and the capacity of the police to provide a legal, operational and efficient response.