JUNE 2017
Terrorism vs Personal Data Protection
Image source: Expansion.

Terrorism vs Personal Data Protection

Joaquín Muñoz, head of IT &IP at ONTIER, for Expansión: ”Many people are now willing to let go of some privacy if it’s extra safety what they get in return”

Due to terrorist attacks, since 2014 the European Union has been working in developing legal tools making it possible to detect and monitor the suspects in the Internet. In order to make it easier for police authorities to reach the private information users store in major IT companies as well as that cloud-based, the European Union has brought a few legal measures that may come together with some drawbacks to people's privacy.

This potential privacy loss is the most controversial consequence brought by these measures. However, Joaquín Muñoz, Head of IT&IP at ONTIER Spain, states that 'many people are now willing to let go of some privacy if it's extra safety what they get in return.'

This e-evidence programme to investigate suspects in the event of danger of a terrorist attack is not in force yet, but it's already being discussed by the EU Ministers of Justice in order to set the possible measures to be taken. These are the three possibilities so far:

1)National authorities can request information straight to foreign companies without needing the approval of the corresponding government.

2)Companies being requested information are compelled to provide said information to security agencies.

3)In case authorities don't know where the server storing the investigated data is located, they will be granted the right to reach all cloud-based information.

According to Joaquín Muñoz, 'the first and second options seem possible if the cases where they can be implemented in as well as the criteria for selecting and sending the information are stipulated. But the measure regarding police's reaching all information without necessarily asking for permission, I believe it would be hard to find a way that people are granted enough security over a potential abuse on reaching their private information in this case.'

Muñoz also notes that any of the three options provided should comply with the basic principles of need, suitability and proportionality, guaranteeing the integrity, the chain of custody and the correct understanding of the e-evidence obtained.

 Here you can check out the full article by Expansión (SP only): The fight against terrorism brings some drawbacks to the fundamental rights of people in the EU