Round Table on the new EU Framework on e-evidence

The intensive use of electronic devices, the quantity and quality of the data by them generated have led Law enforcement and judicial authorities to increasingly rely on the analysis of electronic stored information to carry most of their criminal investigations. Due to the geographic dispersion of internet service providers (ISP’s) model of business, even ordinary crimes with a clear national scope have acquired a cross border element. Until now national authorities have relied on different instruments for judicial cooperation, such as the European Investigation Order, or alternatively directly approached service providers under uncertain legal basis.  

Considering the complaints by both law enforcement and ISP, in August 2017 the European Commission published an Inception Impact Assessment on the improvement of cross border access to data in criminal matters. The document highlighted the need for a legislative solution and resulted in the drafting of an e-evidence proposal unofficially scheduled for the end of January 2018,  the  presentation of the proposal was finally postponed.  In the meantime, at the other end of the Atlantic, the U.S took the regulatory initiative on the discussion amid intense debates over the Microsoft Ireland case, by adopting the “Clarifying Lawful Overseas Use of Data Act” (Cloud Act). Whether influenced by it or not, the European Commission presented on the 17 of April 2018 a proposal for the adoption of new rules on the gathering of electronic evidence..  In particular the EC presented a Regulation stablishing European Production and Preservation orders for electronic evidence and a Directive on the appointment of legal representatives of service providers in EU.  These measures aim to “allow law enforcement in EU Member States better track down leads online and across borders, while providing sufficient safeguards for the rights and freedoms of all concerned”.

LIVE_ FOR round table will bring together expert views of the main actors involved in the debate, to provide a first analysis of the e-evidence proposals and discuss the potential impacts the same could represent to the collection, exchange and analysis of e-evidence in the EU.