Law enforcement access to data will be a focus for Cyprus in its role chairing EU member states' work on legislative files in the first half of this year, with work planned on data retention, lawful interception, encryption and artificial intelligence, according to a document sent to government delegations dated Jan. 23. Access to data for law enforcement already became a legislative priority for EU governments last year.
A document dated Jan. 23, seen by MLex, sets out an overview of activities that the Cypriot presidency of the Council of the EU intends to steer through working groups of the member states. Sent to sent to member states’ delegations, it invites them to comment on the plans and to update peers on progress at the national level.
Access to data for law enforcement already became a priority last year, during Denmark's presidency of the council, the body that represents member states governments.
— Data retention —
Cyprus's document shows that the European Commission is expected to complete an impact assessment by the second quarter of this year on whether EU rules on retaining communications data should be updated, a step that could pave the way for new legislation.
Member states will examine the assessment once it is presented, while the commission, Europol and Eurojust are asked to continue efforts to streamline cooperation with electronic communications providers, according to the document.
Cyprus also points to ongoing work with industry, including developing a clearer picture of what types of data telecom and online service providers hold for business purposes and concluding memoranda of understanding to facilitate cooperation.
The commission is further tasked with assessing whether stronger accountability measures, such as sanctions or market access limits, might be needed to ensure providers comply with data retention and access obligations.
— Lawful interception —
On lawful interception, Cyprus points to continued concern among governments about cross-border investigations. Lawful interception allows authorities, with legal authorization, to monitor telecommunications as part of criminal investigations and prosecutions.
The commission is expected to explore ways to improve the efficiency of existing tools and to address the problem of non-cooperative service providers.
Member states are encouraged to share experiences with cross-border interception, while longer-term work is foreseen on secure information-sharing systems involving Europol and other agencies.
— Encryption —
Encryption, which refers to protecting digital communications and data from unauthorized access, remains another sensitive area.
Cyprus notes that the commission is working on a technology roadmap on encryption, with results expected by the end of 2026. Research is also planned to bolster Europol’s decryption capabilities, although no new platform is expected before the end of 2030.
— E-evidence and AI —
Cyprus supports greater law enforcement involvement in technical standard setting, particularly in preparation for the rollout of the EU’s e-evidence regime, which was adopted by the European Parliament in 2023 but has yet to be enforced.
On AI, the commission and Europol are encouraged to foster new tools for analyzing digital evidence, develop guidance on lawful use under the AI Act, and make use of regulatory sandboxes to test new technologies.
— Digital forensics —
The document also mentions digital forensics, calling for closer coordination at the EU level.
Planned steps include a gap analysis of existing technical tools, joint procurement of forensic software licences, more training for investigators and the development of a certification scheme for digital forensic experts.
Europol is earmarked to strengthen its role as a centre of expertise in this field.
Source: MLex
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