Algorithmic Criminal Justice


  • Georgios Bouchagiar


  • Silvia Allegrezza
  • Erik Valgaeren
  • Ben Winters
  • Anna Moscibroda

Organisation: CPDP

Room: Online 4

Timing: 08:45 - 10:00 on 27 January 2021

Criminal justice algorithms can now inform judicial decisions by foretelling future criminal behaviour. More concretely, they can contribute to the evaluation of the accused by assessing the risk of reoffending. In the name of correct risk foreseeing, these technologies may use any supposedly accuracy-enhancing factor. Criteria, including financial status, gender or age, may be considered as valid for the purpose of calculating probabilities; albeit, they may be neither blameworthy per se nor controllable by the defendant. Such algorithmic implementations have raised serious concerns. Different individuals accused of having committed the same criminal offence may be treated/punished in a different way. Furthermore, the defence may be unaware of the application of such risk assessment tools that can moreover be unchallengeable, due to their proprietary nature and/or unintelligible decision-making.

• How can traditional approaches to crime and/or punishment justify the application of these risk assessment tools?
• What is the state-of-the-art of these technologies in terms of regulation, practice and performance and how prepared is the EU to introduce these tools into criminal courts?
• To what extent can the right to the protection of personal data be interfered with by these technologies and how could the GDPR and the Data Protection Directive for Police and Criminal Justice Authorities safeguard this right?
• Which defence rights are at stake and how effective, but also desirable, could the possible contribution of data protection laws to the regulation of criminal areas be?


Georgios Bouchagiar

University of Luxembourg (LU)

Georgios Bouchagiar is a doctoral researcher in criminal law and technology at the Uni.Lu and the VUB (algorithmic criminal justice; forensic DNA phenotyping). He holds a law degree (Athens Law School), an MS in Information Technology (High Honours, Ionian University) and an LLM in Law and Technology (With Distinction, TILT). Since 2018, his professional experience has included: tutoring and lecturing on information law, fair trials and digital rights (Uni.Lu; Ionian University); research on copyright and distributed ledger technology (IViR; UAntwerp); and practice on face recognition and spying technologies (TILT).
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Silvia Allegrezza

University of Luxembourg (LU)

Silvia Allegrezza is associate Professor of Criminal Law and criminal procedure at the University of Luxembourg. Her research focuses on cryptocurrencies and crime, on banking regulations and criminal law; and on fiar trial rights in EU criminal law. She is currently focusing on the impact of Genetics on criminal justice. She has held visiting fellowships at universities in Germany, France, Italy, Bresil and Spain. Silvia has been practicing criminal law as an attorney for more than 10 years, dealing mostly with white collar crimes and judicial cooperation in cases of terrorism and money laundering.

Erik Valgaeren

Stibbe (BE)

Erik Valgaeren’s practice focuses on TMT in the broadest sense, including, a.o., IT, data protection law and electronic communications law. Erik advises and assists clients with legislation and regulatory aspects regarding data protection, web and cloud services, outsourcing, IT security, system integration, software implementation, information management, databases, health IT, privacy, consortia and partnerships. He litigates both before national courts and international tribunals. Stibbe has sponsored the CPDP conference for many years and Erik Valgaeren has been involved in many panel discussions.

Ben Winters

Electronic Privacy Information Center (EPIC)

Ben Winters is an Equal Justice Works Fellow at the Electronic Privacy Information Center (EPIC). Ben works on researching and reforming the inequities around technology, with a particular focus on the Criminal Justice System.

Anna Moscibroda

DG Just (EU)

Anna Moscibroda currently works in a field of personal data protection for European Commission, Directorate General for Justice and Consumers. Upon taking her current duties in 2014, she focused mostly on the data protection aspects of migration policies (including asylum, Schengen acquis, large scale IT systems). She participated in several Schengen evaluations of the Member States. Now, she leds the team dealing with on data protection in law enforcement. Lawyer by education, Anna was previously a case handler in DG Competition and a researcher at Vrije Universiteit Brussel, Centre for Law, Science, Technology & Society (LSTS) dealing with competition and intellectual property laws and on data protection.