Police and other law enforcement authorities across the EU lack the resources, tools and common standards they need to collect and analyse digital evidence, according to a Europol report published on Friday. The report warns that without coordinated European action, these gaps could widen.
What the report examines
The “Digital Forensics Gap Analysis” was prepared as part of cooperation between the European Commission and Europol. It examines how well law enforcement authorities in member states can collect and analyse digital evidence.
The challenges facing investigators
According to the report, authorities must keep up with rapid technological change, encryption, data stored in the cloud, Internet of Things devices, cryptocurrencies and the steadily growing volume of digital data.
Shortages and differences between member states
The report identifies serious shortages in resources and capabilities, as well as significant differences between member states.
There are no mechanisms for the mutual recognition of experts’ skills, which makes cross-border cooperation more difficult.
Dependence on tools developed outside the EU
Commercial digital forensics tools can be expensive, can quickly become outdated, or may be developed outside the EU.
European companies hold a relatively small share of this market, and tools developed in the EU cover only a limited part of the device market. Member states use different combinations of commercial tools and open-source software.
Incompatible data formats
The lack of common data formats is another obstacle. According to the report, the proprietary formats used by commercial applications make it difficult to connect different tools and increase the time needed to prepare and analyse data.
Limited cooperation from manufacturers
The report also identifies problems in cooperation with device manufacturers, who, it says, often do not provide authorities with information on data extraction.
Frequent software updates, new devices and advanced security features make access to data more difficult.
Cryptocurrency investigations
In investigations involving cryptocurrencies, member states rely heavily on commercial tools from companies outside the EU. The report points to high costs, dependence on specific providers and limited interoperability between the available tools.
Vehicle data
Gaps have also been identified in vehicle digital forensics. These include manufacturers’ differing proprietary data formats, encryption, cloud data storage and limited access to telematics data and system logs.
Rules for the use of artificial intelligence
A separate section examines the use of artificial intelligence in digital forensics. The report says its use must be controlled, transparent and fully traceable in order to protect the integrity and evidential value of the material.
According to the analysis, AI should not be used as a “black box” that produces results without allowing the steps leading to them to be examined. Even a statistically accurate result is not considered sufficient if the process cannot be documented.
The use of AI should also comply with the EU Artificial Intelligence Act, the GDPR and relevant standards.
What Europol recommends
The report recommends better mechanisms for prioritising the development of tools to reduce duplication, along with common operational priorities, repositories and infrastructure for testing new solutions.
It says further standardisation could strengthen interoperability and the secure exchange of digital evidence.
For vehicle investigations, its priorities include a central European database for vehicle systems, automated analysis tools, closer cooperation with manufacturers and specialised training.
The report also stresses the need for ongoing training for different professional groups, from frontline police officers and digital forensics specialists to trainers, prosecutors and judicial officers.
Overall, it emphasises standardisation, EU-developed solutions, transparency in the use of AI, common platforms and stable funding for tools, training and infrastructure.
The risk of inaction
In its conclusions, Europol warns that without coordinated European action, the gaps in standardisation, tool development, AI governance and training could widen.
Source: CNA
