18/04/2018 - - Legislation
E-evidence - improving cross-border access to electronic evidence

To make it easier and faster for law enforcement and judicial authorities to obtain the electronic evidence they need to investigate and eventually prosecute criminals and terrorists, the Commission proposed on 17 April 2018 new rules in the form of a Regulation and a Directive, which will:

- create a European Production Order: this will allow a judicial authority in one Member State to obtain electronic evidence (such as emails, text or messages in apps, as well as information to identify a perpetrator as a first step) directly from a service provider or its legal representative in another Member State, which will be obliged to respond within 10 days, and within 6 hours in cases of emergency (compared to up to 120 days for the existing European Investigation Order or an average of 10 months for a Mutual Legal Assistance procedure);

- create a European Preservation Order: this will allow a judicial authority in one Member State to request that a service provider or its legal representative in another Member State preserves specific data in view of a subsequent request to produce this data via mutual legal assistance, a European Investigation Order or a European Production Order.

The new rules are the outcome of a two-year process resulting from strong calls for action by Member States and industry.

 

More information are accessible here: https://ec.europa.eu/info/strategy/justice-and-fundamental-rights/criminal-justice/e-evidence_en

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