Preservation Order – Matthias Monroy

Police and judicial authorities are to have easier access to cloud data in the USA. To this end, a decree of the US government will also apply in the EU member states. As part of the „Budapest Convention“, US authorities could also knock directly on the door of European Internet companies.

The European Commission has today submitted two negotiating mandates for easier data retrieval from Internet companies. Their purpose is to facilitate access to „electronic evidence“ in the US. This is also possible via the EU-US Mutual Legal Assistance Agreement or bilateral mutual recognition procedures. However, this existing international legal process takes up to 10 months. But allegedly, the EU member states only make use of this laborious procedure in around 4,000 cases a year. „European Commission wants to facilitate access to servers in third states“ weiterlesen

A planned EU regulation on police investigations into cloud data should now include direct access and real-time interception. This would include user, traffic and content data. All companies offering „interpersonal communication services“ in the European Union would be concerned. The Austrian Presidency wants an agreement by the end of the year.

The European Union is planning to extend a planned legislation to allow direct access to data held by Internet service providers. This is stated in a document distributed by the Bulgarian Presidency to the representations of the Member States. The regulation is aimed in particular at US companies. EU Justice Ministers should give the green light as soon as possible to start negotiations with the US administration. They will also discuss whether the act could also apply to intercepted calls. „US companies also affected: EU to discuss direct access to all telecommunications“ weiterlesen