As the preventive retention of telecommunication data is illegal throughout the EU, the retention of data from individual countries or regions might be an option. This is discussed by the EU member states, documents from the Council and the German Federal Government reveal. A “renewable arrest warrant” could be created for this purpose.
The EU member states are currently discussing a possible new version of the Data Retention Directive. The Bulgarian Presidency of the Council has proposed the adoption of “renewable retention warrants” in the responsible Council Working Party on Information Exchange and Data Protection. The Estonian Presidency had already touched on this issue in the second half of 2017, albeit offering scant detail at the time. According to the German Federal Ministry of Justice, these “still very preliminary considerations” are also being examined by the German Government. EU Data Retention Directive: For a limited time period, but with option to be extended? weiterlesen
The European Investigation Order in criminal matters allows judicial authorities in all EU Member States to instruct each other to collect evidence. It also sets forth provisions for cross-border telecommunications surveillance. The European standardisation institute ETSI is consequently working on interfaces for the hand-over of intercepted phone calls.
By May 22nd, the Member States of the European Union have to transpose the European Investigation Order in criminal matters (EIO) into national law. The Directive defines cross-border cooperation between judicial authorities including courts, investigating judges and public prosecutor’s offices. In the future, an “issuing State” can oblige an “executing State” to gather evidence in criminal proceedings. This entails inter alia conducting investigations.
It also sets forth provisions for the “temporary transfer of persons held in custody”, hearings by video or telephone conference or the use of the European arrest warrant to transfer people (including temporarily) to courts of another state. There is a dedicated chapter on telecommunications surveillance and the transfer of the “electronic evidence” gathered during such. Project SMILE: Interface for European telecommunications interception weiterlesen