Access to data for law enforcement: Lawful interception

By Piotr Bąkowski

 As law enforcement agencies carry out lawful interception of electronic communications, they face numerous challenges stemming from rapid technological advancements. The growing use of messaging services and the development of 5G networks, which feature enhanced privacy and security measures such as encryption, have had the unintended consequence of hindering law enforcement's access to crucial data. Policymakers and regulators are working to strike a balance between meeting law enforcement needs and protecting the privacy of communications and cybersecurity. In 1994, the Council of the EU adopted a resolution on the lawful interception of telecommunications, but relevant EU laws also encompass broader rules on data protection and electronic communications, such as the General Data Protection Regulation (GDPR), the Law Enforcement Directive, the ePrivacy Directive, and the European Electronic Communications Code. In recent years, a lively debate has emerged on how best to address the operational needs of law enforcement agencies. The EU faces unique challenges, including the fragmentation of national rules and specific issues related to roaming. To address these concerns, a High-Level Group on access to data for effective law enforcement was established, providing recommendations that informed the Commission's Roadmap for law enforcement access to data, presented in June 2025. This is one of four publications that explore different aspects of the roadmap for effective and lawful access to data for law enforcement. These include a summary of the roadmap, and briefings on lawful interception, data retention and digital forensics.   

Brussels:  EPRS | European Parliamentary Research Service, 2025.