Policing by Design
The European Union is at a crossroads. While digital innovation and security cooperation remain critical in a connected world, recent proposals to enhance police surveillance and data sharing are stirring deep concerns about individual privacy, data security, and democratic oversight. Two recent reports published by Statewatch shed light on troubling developments in the EU’s policing landscape, raising alarms among privacy advocates and civil rights organizations.
The EU’s new plans to expand police surveillance could put your privacy and rights at risk and introduce risks far outweighing their potential benefits. This article will analyze these proposals, their implications, and the growing opposition from privacy and civil liberties defenders.
Surveillance Infrastructure: Policing by Design
The first Statewatch report, titled “Policing by Design: The Latest EU Surveillance Plan”, outlines a concerning trend in the EU’s approach to law enforcement. The proposals advocate embedding surveillance tools directly into the design of new technologies, effectively creating an architecture where policing capabilities are integrated into the systems we use daily.
From facial recognition cameras to AI-driven analytics, the EU plans to enhance cross-border police cooperation by ensuring technology is designed to facilitate surveillance from the outset. Known as “policing by design,” this strategy involves building surveillance features directly into technologies we use every day. Imagine a network of cameras or software that can automatically monitor people’s faces or behaviors without any extra installation — it’s like your everyday tech quietly doubling as a police tool. The goal is to enable seamless sharing of data across borders for criminal investigations, but the unintended consequences are alarming.
The Problem with “Policing by Design”
- Mass Surveillance Normalized: By embedding surveillance features into public and private infrastructure, society risks normalizing mass surveillance, where every movement, transaction, or online interaction is monitored and analyzed.
- Threats to Privacy: Such initiatives inherently contradict the principle of privacy by design, which prioritizes privacy protections in the development of technology. Instead, citizens are being treated as subjects of perpetual suspicion.
- Lack of Transparency and Accountability: A systemic lack of transparency surrounding these plans raises serious governance issues. Civil society organizations, journalists, and privacy advocates have pointed to a lack of democratic oversight and meaningful debate.
- Risks of Abuse: Surveillance systems are often deployed under the guise of security but are susceptible to abuse. History shows that tools designed for law enforcement can easily be turned against dissenters, journalists, or marginalized communities.
As the report highlights, these developments could establish a permanent surveillance infrastructure across Europe, enabling the collection of biometric, behavioral, and communications data on an unprecedented scale.
Flawed Justifications for Surveillance Expansion
Privacy advocacy organizations, including the European Digital Rights (EDRi) network, argue that much of the justification for these surveillance plans relies on flawed assumptions. The rhetoric of the “Going Dark” report, which claims that law enforcement is losing access to communications due to encryption, has been widely debunked. As EDRi points out, law enforcement already has extensive tools at their disposal to access data and track individuals, but the focus on encryption risks undermining secure communication for everyone.
Instead of addressing systemic issues within law enforcement, these flawed reports have fueled calls for intrusive surveillance systems that risk eroding privacy while offering little evidence of improving public safety.
Centralized Police Data: A Substantial Security and Privacy Threat
A second Statewatch report, titled “EU Police Data Plans Pose Substantial Security and Privacy Threats”, explores another equally concerning initiative: the EU’s push to centralize police data repositories and expand their use.
The EU has already established several large-scale databases, such as the Schengen Information System (SIS), which stores data about individuals who may be denied entry into the EU, and the Europol Information System, which can hold details about millions of people, including those not suspected of crimes. For example, a traveler flagged mistakenly in the system could face unnecessary scrutiny, detention, or restrictions when crossing borders — highlighting the real-world risks of inaccurate or overreaching data collection. The new proposals aim to go further, creating an interoperable web of police data accessible to law enforcement agencies across member states. Proponents argue this is necessary for combating cross-border crime and terrorism, but the risks are immense.
Key Concerns with Centralized Police Data
- Massive Data Collection: The EU’s proposed systems would require the collection of highly sensitive data, including biometric information (fingerprints, facial recognition scans) and behavioral analytics, to track individuals’ activities across borders.
- Data Misuse and Security Risks: Centralized data systems are prime targets for cyberattacks, data breaches, and misuse. The larger and more interconnected the system, the greater the risks of unauthorized access, theft, or corruption of the data.
- As Statewatch points out, the systems lack robust safeguards to prevent misuse or to ensure that data is handled proportionately and lawfully.
- Erosion of Trust in Law Enforcement: Building centralized data repositories without meaningful safeguards undermines public trust. Individuals may be less willing to engage with law enforcement if they fear their data will be stored indefinitely, shared across borders, or used inappropriately.
- Impact on Fundamental Rights: Mass police databases can violate the principle of proportionality, a cornerstone of EU law. By collecting and sharing data indiscriminately, these systems erode fundamental rights, including the right to privacy, freedom of movement, and the presumption of innocence.
Civil Society Opposition and Democratic Accountability
In an open letter to EU institutions, over 30 civil society organizations — including EDRi — have criticized the lack of transparency in the High-Level Group’s (HLG) recommendations for data access. The letter highlights a concerning pattern: while industry stakeholders are included in key discussions, civil society voices remain sidelined. This exclusion undermines democratic accountability and reinforces fears that surveillance policies are being driven by corporate interests rather than public well-being.
These organizations have called for the EU to prioritize transparency, include meaningful public debate, and ensure any law enforcement proposals respect proportionality and fundamental rights.
Why Privacy Advocates Are Sounding the Alarm
The reports from Statewatch highlight a fundamental clash between security policy and individual rights. Privacy advocates are urging EU lawmakers to take a step back and critically examine the following issues:
- Lack of Democratic Oversight: Proposals to integrate surveillance systems and expand police databases are being pushed forward without genuine public debate or oversight. Civil society organizations have been excluded from key discussions.
- Failure to Uphold Privacy Laws: The EU has some of the strongest privacy laws in the world, including the General Data Protection Regulation (GDPR). However, these proposals risk undermining GDPR principles by enabling indiscriminate data collection and sharing.
- Ignoring Proportionality: Surveillance systems must be targeted, necessary, and proportionate to their objectives. Embedding policing into technological design and centralizing data far exceeds what is justified for fighting crime and terrorism.
- Setting Dangerous Precedents: The failure to fully ban harmful surveillance technologies like facial recognition in public spaces sets a troubling precedent. It risks not only eroding privacy within the EU but also encouraging other nations to adopt similar measures, undermining global human rights.
A Call for Action: Safeguarding Our Privacy and Rights
As the EU pushes forward with these plans, the opposition from civil rights defenders grows louder. Policymakers must address the following key demands to prevent an erosion of fundamental rights:
- Implement Privacy by Design: All new technologies must prioritize privacy protections at the design stage, ensuring they are not co-opted for surveillance.
- Establish Robust Oversight: Any new policing tools or databases must be subject to democratic scrutiny, independent oversight, and clear legal frameworks to prevent misuse.
- Reassess Interoperability Plans: Cross-border police cooperation is important, but it must not come at the cost of individuals’ privacy, security, and dignity.
- Strengthen Export Controls: The EU must ban the export of surveillance tools that risk facilitating human rights abuses in authoritarian regimes.
- Prioritize Data Security: Centralized systems require state-of-the-art security measures to protect sensitive data from breaches or misuse.
The EU’s role as a leader in digital rights and privacy is now at stake. If these plans proceed without significant safeguards, Europe risks undermining its own foundational principles of freedom, security, and justice.
Conclusion: The Price of Surveillance-Driven Security
The EU’s surveillance plans may be presented as necessary for security, but they come at a steep cost to privacy, trust, and individual freedoms. Embedding surveillance into our technologies and centralizing police data pose far-reaching risks that cannot be ignored.
As privacy advocates, it is our responsibility to hold policymakers accountable and demand a security framework that upholds, rather than undermines, fundamental rights. Europe’s future must not be built on surveillance by design — but on privacy, democracy, and trust.