What’s the problem with the EU regulation on the release of electronic evidence?

The EU Parliament has accommodated the member states on crucial points, but now demands special attention to fundamental rights. The controversial question is how a state in which a company is based can object to an order.

The French EU Presidency wants to get things moving on the so-called E-Evidence dossier and has scheduled several meetings of the relevant Council working groups since January. However, the Member States and the Parliament have not yet been able to agree on essential points. Today, the issue is once again on the agenda of the meeting of Justice Ministers in Brussels.

Four years ago, the European Commission proposed a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters. The law enforcement authorities of the member states want to oblige internet service providers that are not located in their own country to directly transmit data of their users. These direct contacts between states and companies would bypass the usual legal process. The regulation concerns inventory, traffic and content data. It also covers companies that are based in third countries but offer their services in the EU. For this purpose, they are to designate a „point of contact“ in an EU member state. „What’s the problem with the EU regulation on the release of electronic evidence?“ weiterlesen