EUROPEAN PRODUCTION AND PRESERVATION ORDERS
On 26th July, 6 King’s Bench Walk in London published an article about the proposal from the European Commission in April for the introduction of ‘European Production and Preservation Orders for electronic evidence in criminal matters’. It says that the aim is to make it easier and faster for police and judicial authorities to obtain electronic evidence for investigations or prosecutions, including emails or documents stored on the Cloud. A European Production Order would allow a judicial authority in a Member State to request electronic evidence directly from a service provider offering services in the EU, and established or represented in another Member State. A European Preservation Order would allow a judicial authority in a Member State to oblige a service provider to preserve specific data, so that it may be requested later via mutual legal assistance, a European Investigation Order, or a European Production Order. However, the article says, it appears that the UK Government is preparing to go ahead on its own in this area, or at least to prepare the way for similar orders to be available in the UK, should there be a separate arrangement between the UK and the EU in the future (see the next post below).
NEW PROPOSALS TO GIVE UK AUTHORITIES POWERS TO OBTAIN ELECTRONIC EVIDENCE FROM OVERSEAS
Freshfields Bruckhaus Deringer on 30th July published a briefing about the Crime (Overseas Production Order) Bill 2018. The Bill would enable UK law enforcement agencies (in particular the SFO but also FCA), to obtain a court order compelling any person holding data overseas to produce or grant access to data for the purposes of investigating or prosecuting serious crimes.