As an example, he indicated the access to communications metadata“vital for the investigation” of this and “several other serious crimes”, which was taken from the police in the name, highlighted Luís Neves, from “extreme” positions defending the right to privacy .
This data was kept for two years by the operators, on a high security server, and allowed the police to know the calls made and received by a suspect, his location, the time of the conversations, the online addresses he searched, in the period prior to the opening of the investigation.
To access the data, the request had to be validated by a judge. In 2014, the Court of Justice of the European Union (CJEU) considered that this legal instrument violated the right to privacy, arguing that it was mass surveillance of all citizens, regardless of whether they were suspects or not.
In 2022 the Constitutional Court declared the unconstitutionality of this practice in Portugal and the databases were deleted. It is now only possible for operators to retain metadata within the scope of a specific investigation and upon judicial decision. They cannot preventively retain data.
But the director of the PJ, corroborated by the Belgian prosecutor, guarantees that it is not enough. “When the complaints reach us, the abuses have already been going on for some time and between the opening of an investigation and the identification of specific suspects (to whose metadata access is requested) it takes time to the point of When we go to the liberties judge to ask for access, the deadline has already passed”, he signaled.
With the CDS MEP Ana Miguel Pedroorganizer of the event, highlighted, in this conference that took place at the European Parliament, also spoke Danny go Althuis, Equipment AP TWINS of Europel, a cybercrime unit dedicated to combating the sexual exploitation and abuse of children online; Ann Lukowiak, Belgian prosecutor; The DeLane Michellas – President and CEO of the NCMEC (National Center for Missing & Exploited Children) in the USA; Javier Zarzalejos, MEP and President of the LIBE Commission (Civic Liberties, Justice and Internal Affairs), rapporteur of the proposed law to combat and prevent child sexual abuse on the internet; Antonio Labrador Jiménez, European Commission Team Leader to combat child sexual abuse; Julie Guichard – European Government Affairs Manager at Microsoft; e François-Xavier Bellamy, MEP and Vice-President of the European People’s Party Group (PPE) As moderator he was Paulo Cunha, head of the PSD delegation.
Protection of minors “is worse in all areas”
Zarzalejos followed Luís Neves’ concern. It revealed that online content is “more violent, younger victims, heinous practices and profitable business”. It adds a new layer of concern which is the use of Artificial Intelligence (AI) in the production of these videos with children.
He warned of the “lack of care regarding the exposure of children in the digital world in which predators are on the hunt”, pretending to be friends, acquaintances”.
“If you ask me if we are better or worse in protecting minors, I say it is worse in all areas. The authorities’ response is insufficient, fragmented and there is a lack of involvement from service providing platforms, with rare exceptions. This is not a conflict with those who defend freedoms. Greater awareness is needed, social media is held accountable, and the means of detecting and eliminating this content are strengthened – the Europol nerve center that does this work has only 17 people! – and boost access to metadata. Because this discussion is about protecting minors. We are getting to the point where no child with a cell phone is safe from predators”.
Another instrument that authorities have called for is access to encrypted communications, a measure refused by companies that want to guarantee privacy for their customers.
In 2023, remember, a joint investigation by France and the Netherlands managed to break the EncroChat encrypted communications system, “leading to the dismantling of several criminal organizations”, highlighted Luís Neves.
“Exception measures” and the choked voice
“What we would like is for access to information to reach at least the same level of legal instruments that we already had. I strongly appeal to the EU structures to look into this and for it to be resolved in the near future and not take years. Organized crime is here. We have territories that are beginning to be occupied by criminal groups. Sweden, which for years was an exemplary security social democracy, is having war problems with organized crime. The same in Holland and here in Belgium with the drug mafias. That the situation is not allowed to deteriorate to such an extent that organized crime dominates society through coercion and corruption by the State, politicians, magistrates and journalists. Then the time will come for exceptional measures. And we all know what that means for democracy”.
Here, the PJ director’s voice caught in his throat. Silence. “I say this in an emotional way. Only with balanced means can we maintain our way of life, go out into the streets with freedom and tranquility, without being subject to criminal organizations. I am not asking for anything that is not adequate and proportionate.”
In the initial part of his speech, Luís Neves had already reminded the audience that “the magistrates and police officers who investigate are not criminals. They only want to have the means to work, fulfill their mission and defend citizens”.
Call for a new European framework
He recalled the Lisbon Declaration approved at a summit at the PJ headquarters by EU police chiefs demanding the restoration of only access to metadata. “It was a cry to all instances to look at us as those who need these means. We have nothing against defending individual privacy, but each of us can give a little of ourselves to protect the whole. I call for solutions so that we can once again have access to metadata and have access to encrypted communications. Criminal organizations have all the means of communication and we don’t. There is profound inequality. It is dramatic to see organized crime grow, children abused, millions of images disseminated and criminals left unpunished. Anyone who defends privacy extremism should think of all of us, of the thousands of victims. I leave here this piercing appeal for each of you to reflect on the words I leave you.”
At the end of the conference, Ana Miguel Pedro summarized the participants’ concerns for DN. “Each image, each file represents a child whose life was violated, and a responsibility that falls on all of us. The scale of the problem is alarming: in 2023 alone, European authorities received more than 1.3 million reports of online child sexual abuse, involving more than 3.4 million images and videos. Europe must act with the urgency and determination that this reality requires. The CDS in the European Parliament wanted to bring national authorities, the European Commission, the Europol, prosecutors, technology and North American partners, to discuss online child sexual abuse and the European response to one of the biggest institutional failures of our time. There is unanimity on the need for faster and more legitimate access to digital evidence, more effective cross-border cooperation and clear accountability for online platforms. Legal and operational responses must keep pace with technological evolution, ensuring that privacy and security are not opposing principles, but complementary. The debate also highlighted the urgency of a new European data retention framework – legitimate, proportionate and effective – absolutely fundamental to the fight against organized crime. You don’t fight organized crime blindly, nor do you protect a child with your hands tied. Without clear legal instruments, authorities face fragmented systems and unjustifiable delays, while criminals exploit loopholes and legal uncertainty,” he highlighted.