Organized environmental crime represents a critical challenge on a global scale, characterized by its multifaceted nature, ties to other forms of criminality, and the increasingly sophisticated methods employed by perpetrators. In response, law enforcement agencies are turning to cutting-edge technologies as essential instruments in their arsenal to combat these crimes effectively. While these technological advances hold significant promise in addressing the pervasive issue of environmental crime, they also introduce a range of legal complexities that necessitate careful navigation. This article provides a brief overview of the main legal frameworks in the fight against environmental crime at the European level.
Legal Framework of Environmental Crime
The fight against organized environmental crime through technology intersects with several legal domains, including environmental law, criminal law, as well as data protection and privacy regulations, among others. At the heart of the European Union’s legal approach to environmental crime is Directive 2008/99/EC, known as the Environmental Crime Directive (ECD)[1]. The ECD, established to enforce stricter adherence to environmental laws through criminal law measures, does not specifically define environmental crime but mandates the criminalization of severe infringements of key environmental legislation.[2]
A 2020 evaluation of the ECD identified numerous issues, such as its outdated scope and vague definitions, leading to proposals for a revised directive aimed at refining legal definitions, sanction levels, and enhancing international cooperation and enforcement mechanisms.[3] Currently, negotiations and legislative work are ongoing at the European Parliament to adopt the new directive, aiming to enhance the legal framework for combating environmental crime at the EU level.[4] These ongoing legislative efforts signify a proactive stance towards strengthening the legal framework for combatting environmental crime within the EU. Nevertheless, the fragmented nature of environmental law remains a challenge, underscoring the need for a more cohesive and integrated legal approach that can accommodate the dynamic and complex nature of environmental crimes.
Innovative Technologies and Legal Considerations
The deployment of innovative technologies, including geospatial intelligence, remote sensing, and predictive analytics, presents a promising avenue for detecting and preventing environmental crimes. Initiatives like the PERIVALLON project exemplify the potential of technology in this area. However, the use of such technologies can raise significant legal concerns, in particular in relation to human rights, such as the right to privacy and data protection.
In the EU, the main data protection laws are the General Data Protection Regulation (GDPR)[5] and the Law Enforcement Directive (LED)[6]. They provide a framework for the lawful processing of personal data, emphasizing principles like lawfulness, transparency, and purpose limitation, whereas the LED applies only to the processing of personal data for law enforcement purposes. Depending on the context, these need to be considered together with the relevant sectoral legislation for the specific technological tools and solutions. For the employment of UAVs in the civil aviation context, the main European foundation regulating the legal framework of UAVs is the Regulation (EU) 2018/1139 (Basic Regulation), together with its implementing regulations.[7] However, the use of UAVs in law enforcement is subject to national legislation.
Similarly, the application of artificial intelligence (AI) and web scraping technologies in environmental crime detection introduces several legal intricacies, including with respect to data protection or intellectual property. Developers and users of such technologies must navigate GDPR and ensure secure data sharing mechanisms, such as blockchain technology, to protect sensitive information. The forthcoming AI Act[8], which aims to regulate AI systems based on their risk levels, will further influence the development and deployment of AI technologies in this field. This regulation underscores the importance of compliance with existing legal frameworks, ensuring that innovations like PERIVALLON’s AI components are designed with privacy, transparency, and fundamental rights in mind.
Conclusion: Harnessing Technology within the Legal Framework
The utilization of innovative technologies in the fight against organized environmental crime offers a beacon of hope, enhancing the ability of law enforcement agencies to counter these crimes more effectively. However, this technological evolution must be accompanied by a diligent adherence to the complex legal framework that governs data protection, privacy, intellectual property, and beyond. Through initiatives like PERIVALLON, the goal is not only to advance technological capabilities in detecting and investigating environmental crimes but also to navigate the legal terrain with precision, ensuring that these efforts are both effective and compliant with the rule of law. As we move forward, the synergy between technological innovation and legal compliance will be paramount in the global fight against organized environmental crime, setting a path towards a more sustainable and just world.
[1] Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law.
[2] For example, of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste, or of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.
[3] Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC, see: Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC | European Commission (europa.eu).
[4] The latest information on the status of the proposal can be followed on the Legislative observatory website of European Parliament: https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0422(COD). Accessed March 5th 2024.
[5] REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
[6] Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
[7] Commission Implementing Regulation (EU) 2019/947 and Commission Delegated Regulation (EU) 2019/945.
[8] European Commission. (2021a). Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL LAYING DOWN HARMONISED RULES ON ARTIFICIAL INTELLIGENCE (ARTIFICIAL INTELLIGENCE ACT) AND AMENDING CERTAIN UNION LEGISLATIVE ACTS. Eur-Lex; Publications Office of the European Union. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021PC0206.