EU Council makes half-hearted agreement on e-Evidence

On 7 December, EurActiv reported that EU Ministers backed plans on that will allow law enforcement authorities to bypass EU Member States when making judicial orders for electronic evidence in criminal matters abroad. Germany, the Netherlands, Hungary, Sweden, Finland, Greece, Latvia, and the Czech Republic all voted down the plans.  The rules oblige service providers to respond to requests for electronic evidence within 10 days, or in an emergency, 6 hours. If service providers are found to be in breach of the regulation, sanctions of of up to 2% of total worldwide annual turnover of the preceding financial year may be imposed.  The move follows in the footsteps of the CLOUD Act in the US that aims to further simplify the process for law enforcement agencies to access digital evidence.

https://www.euractiv.com/section/digital/news/council-makes-half-hearted-agreement-on-e-evidence/

 

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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