Will European Law allow the use of Metadata to fight crime?

[Brietta]

Judgment of the Constitutional Court can cause thousands of criminal cases to fall and ilibar thousands of defendants
CNN United Kingdom
7 May,
At issue is a ruling by the Constitutional Court prohibiting police from accessing telephone data and internet communications of criminal suspects
Thousands of criminal prosecutions could fall and thousands of defendants could be cleared, the Daily News reports. According to the newspaper, a judgment of the Court of Justice prohibited operators from storing the metadata of telephone and internet communications that the police could use in the investigation of serious crimes.

Metadata lets you know, among others, the identity of the phone or computer user, the duration and destination of the flames, and the location.
This decision has retroactive effect to 2008, the date of the law which required the storage of that information for one year.

In view of this decision, fourteen years of criminal proceedings may be at stake, including crimes such as terrorism, kidnapping, organised crime, drug and arms trafficking, corruption and money laundering, where the suspect's incrimination has been obtained from the operators.

According to the newspaper, the use of metadata constitutes "evidence of much of the investigations" and the Ministry of Justice has already acknowledged that this decision may have "a significant impact on the investigation, detaining and prosecution of serious crimes".

https://cnnportugal.iol.pt/justica/tribunal-constitucional/acordao-do-tribunal-constitucional-pode-fazer-cair-milhares-de-processos-crime-e-ilibar-milhares-de-arguidos/20220507/627648ba0cf2ea367d3a6bbc

[Mr Gray]

Judgment of the Constitutional Court can cause thousands of criminal cases to fall and ilibar thousands of defendants
CNN United Kingdom
7 May,
At issue is a ruling by the Constitutional Court prohibiting police from accessing telephone data and internet communications of criminal suspects
Thousands of criminal prosecutions could fall and thousands of defendants could be cleared, the Daily News reports. According to the newspaper, a judgment of the Court of Justice prohibited operators from storing the metadata of telephone and internet communications that the police could use in the investigation of serious crimes.

Metadata lets you know, among others, the identity of the phone or computer user, the duration and destination of the flames, and the location.
This decision has retroactive effect to 2008, the date of the law which required the storage of that information for one year.

In view of this decision, fourteen years of criminal proceedings may be at stake, including crimes such as terrorism, kidnapping, organised crime, drug and arms trafficking, corruption and money laundering, where the suspect's incrimination has been obtained from the operators.

According to the newspaper, the use of metadata constitutes "evidence of much of the investigations" and the Ministry of Justice has already acknowledged that this decision may have "a significant impact on the investigation, detaining and prosecution of serious crimes".

https://cnnportugal.iol.pt/justica/tribunal-constitucional/acordao-do-tribunal-constitucional-pode-fazer-cair-milhares-de-processos-crime-e-ilibar-milhares-de-arguidos/20220507/627648ba0cf2ea367d3a6bbc

Will this affect a case from 2007..

[barrier]

Will this affect a case from 2007..

I think that the ECJ judgement against Ireland could have some impact further down the line if the data is used in any trial, reading about the trial which the defendant took to the ECJ it was the phone data alone that appears to have lead to a conviction. Interesting to see whether the Irish courts will now over turn the conviction.

[barrier]

They are still sounding very sure in June 2022 - and why wouldn't they be.

One data set from one investigative team matching another data set from another independent investigative team sounds pretty conclusive to me.
Certainly another piece in the jigsaw of circumstantial evidence.

Wolters is on record on tape on ch5 telling MWT he cannot place CB in Luz on the night of 3/05/2007 so how is that sure ?

[jassi]

Can metadata be manipulated ? I seem to recall, long ago, there was some suggestion that photo metadata could altered.

Edit.
Oh yes  it's look as if you can for photos  -https://www.canto.com/blog/metadata-editor/

[G-Unit]

Wolters is on record on tape on ch5 telling MWT he cannot place CB in Luz on the night of 3/05/2007 so how is that sure ?

Yes, the 'facts' of the phone being Brueckner's and of the call placing him outside 5A gradually became much less factual.

[Brietta]

Yes, the 'facts' of the phone being Brueckner's and of the call placing him outside 5A gradually became much less factual.

One must applaud the chutzpa with which the advent of this "get out of jail free card" might allow the escape from justice for the vilest of criminals.

There are few modern criminal cases which don't rely on metadata for solution.

[Brietta]

Will this affect a case from 2007..

I don't know.  Perhaps backdating it only as far as 2008 might have a bearing.  I think we may find out soon enough although I don't think the information passed to Brueckner's legal team regarding possible charges for more recent crimes or the rape, are not reliant on metadata.

But it may affect evidence regarding photographs and videos which presently are part of ww paedophile networks which are difficult enough to combat anyway.
I think millions of children will be affected by this ruling.

[Wonderfulspam]

One must applaud the chutzpa with which the advent of this "get out of jail free card" might allow the escape from justice for the vilest of criminals.

There are few modern criminal cases which don't rely on metadata for solution.

So he's definitely guilty then IYO.

Have you considered the possibility that, maybe he just isn't?

[misty]

One must applaud the chutzpa with which the advent of this "get out of jail free card" might allow the escape from justice for the vilest of criminals.

There are few modern criminal cases which don't rely on metadata for solution.

IMO the silver lining in this particular case may be that in order for the defence to apply to have mobile phone metadata showing location/time on a specific day excluded from trial would be an admission that the suspect did, in fact, own that phone at the time. Otherwise there could be no invasion of privacy.
I think I now understand why BKA appealed for a physical witness to place the *680 number in Brueckner's possession at 7.32pm on 3/5/07. If the handset and/or SIM card was later found at another site in Germany which also belonged to or was related to Brueckner then it would add to the circumstantial evidence against him, especially if BKA retrieved photos or videos of Madeleine from the device. The metadata would not then be crucial for achieving a conviction.

[barrier]

Wolters is on record on tape on ch5 telling MWT he cannot place CB in Luz on the night of 3/05/2007 so how is that sure ?

Yes, the 'facts' of the phone being Brueckner's and of the call placing him outside 5A gradually became much less factual.

If CB told the BKA in 2013 he wasn't in Luz, and Wolters tells us now he can't place CB in Luz, then the two tie up imo. Strangely they questioned CB when he wasn't "the" prime suspect but now he is they won't.

[Brietta]

If CB told the BKA in 2013 he wasn't in Luz, and Wolters tells us now he can't place CB in Luz, then the two tie up imo. Strangely they questioned CB when he wasn't "the" prime suspect but now he is they won't.

At least one hundred and ninety six leads were followed for the purpose of elimination in 2013.  If Brueckner was one the fact he didn't become "the prime suspect" is because at that time no evidence was found in justification.

The fact he became "the prime suspect" in 2017 was because the police had information which justified him becoming a person of interest.
Bearing in mind that some of his lewd practices were now known about.
Absolutely nothing "strange" about it but the fact it was a long time coming.

Neither was there was anything strange about him being constituted argiudo in 2022 by the Judicial police when the evidence warranted it.

The problem you have highlighted there is that if he gave information about his whereabouts in 2013, that will be expected to match up with whatever information he gives in 2022.
None of which will be reliant on metadata just good old fashioned information gathering.

[Brietta]

IMO the silver lining in this particular case may be that in order for the defence to apply to have mobile phone metadata showing location/time on a specific day excluded from trial would be an admission that the suspect did, in fact, own that phone at the time. Otherwise there could be no invasion of privacy.
I think I now understand why BKA appealed for a physical witness to place the *680 number in Brueckner's possession at 7.32pm on 3/5/07. If the handset and/or SIM card was later found at another site in Germany which also belonged to or was related to Brueckner then it would add to the circumstantial evidence against him, especially if BKA retrieved photos or videos of Madeleine from the device. The metadata would not then be crucial for achieving a conviction.

I really can't get my head around what benefits exactly the court hopes to achieve by this ruling.  I think the horse has long since bolted on this one as far as privacy is concerned.

Having an app which allows you track someone else via their phone, or to track a vehicle is one thing and if not illegal per se - why disallow the use of the information received to police investigators and the courts?

I think it is an irrational concept.

[Brietta]

I think this is a useful read (consisting of four pages) which clarifies much of the situation.

Snip
Data Retention and Investigatory Powers Bill
Government Note on the European Court of Justice Judgment
Communications data is used to piece together the activities of suspects, victims and vulnerable people: it proves and disproves alibis, it identifies links between potential criminals, it ties suspects and victims to a crime scene and helps locate vulnerable people at risk of imminent harm.

The recent judgment of the European Court of Justice which struck down the Data Retention Directive explicitly recognised the importance of data retention in preventing and detecting crime. This Bill is essential to ensuring that this crucial data is available to law enforcement in the future as it has been in the past and unless companies are required to retain that data, much of it would no longer be available.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/331106/DRIPgovernmentNoteEC[Name removed]udgment.pdf#:~:text=The%20recent%20judgment%20of%20the%20European%20Court%20of,of%20data%20retention%20in%20preventing%20and%20detecting%20crime.

[sadie]

I think this is a useful read (consisting of four pages) which clarifies much of the situation.

Snip
Data Retention and Investigatory Powers Bill
Government Note on the European Court of Justice Judgment
Communications data is used to piece together the activities of suspects, victims and vulnerable people: it proves and disproves alibis, it identifies links between potential criminals, it ties suspects and victims to a crime scene and helps locate vulnerable people at risk of imminent harm.

The recent judgment of the European Court of Justice which struck down the Data Retention Directive explicitly recognised the importance of data retention in preventing and detecting crime. This Bill is essential to ensuring that this crucial data is available to law enforcement in the future as it has been in the past and unless companies are required to retain that data, much of it would no longer be available.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/331106/DRIPgovernmentNoteEC[Name removed]udgment.pdf#:~:text=The%20recent%20judgment%20of%20the%20European%20Court%20of,of%20data%20retention%20in%20preventing%20and%20detecting%20crime.

No longer available (in maroon)

Jeez, that' pretty quick! 

Is there something in there that we are not allowed to see (by certain persons)?   Or is it only my computer?