Council and Parliament negotiations: EU laws on „E-Evidence“ reportedly on the home straight

Internet service providers are to facilitate the work of law enforcement agencies with orders to preserve and hand over their users‘ data. With an additional directive, companies must designate legal representation and establish points of contact.

Negotiations on the EU proposals on „electronic evidence“ („e-evidence“) could be concluded this year. This is according to a note from the then French Presidency of the Council distributed to delegations of EU member states on June 16. The British civil rights organization Statewatch, which published the document, therefore speaks of an „end game“.

According to France, the second political trialogue between the Council and Parliament on June 14 was a „turning point.“ The two legislative bodies disagreed mainly on the question of whether a state may oppose another country’s order to hand over „electronic evidence“. „Council and Parliament negotiations: EU laws on „E-Evidence“ reportedly on the home straight“ weiterlesen

„Electronic Evidence“: No simplification for digital investigations yet

No less than three international organisations are working on different agreements to ease access to servers abroad for police and judiciary. In the Council of Europe, the EU Commission might pre-empt the United Nations. Problems arise with demands from the USA.

65 states have ratified the Additional Protocol to the Council of Europe Cybercrime Convention, and three more may join. The 2001 treaty is also known as the Budapest Convention. For three years now, the participants have been negotiating a new version, which should facilitate cross-border access to „Electronic Evidence“ in criminal investigations.

Negotiations on the conclusion of the new mutual legal assistance agreement will now be delayed by at least six months. This was announced by the Cybercrime Committee of the Council of Europe after its meeting on 30 November. The new timetable provides that the agreement can be concluded in May 2021 at the earliest. „„Electronic Evidence“: No simplification for digital investigations yet“ weiterlesen