ABSTRACT

This chapter explores the relationship between personal data protection and the use of information by law enforcement authorities and Europol when countering online terrorist propaganda, recruitment, and radicalization. It argues that what information and under which circumstances law enforcement officials should gather together to remove terrorist propaganda from social media platforms and other websites, and consequently to further disrupt terrorist activities. The chapter outlines the applicable European Union (EU) data protection legal framework focusing on the provisions of the two most relevant legislative instruments, in particular the newly enacted Directive 2016/680 and Regulation 2016/794. It looks into the main pieces of information that the national law enforcement authorities and Europol, in particular its EU internet referral unit, potentially need to collect in order to counter terrorist propaganda, recruitment and radicalization and consider whether and when this information can qualify as personal data. The chapter examines the main obligations stemming from the applicable legal frameworks for law enforcement authorities and Europol.