EU COMMISSION RECOMMENDS NEGOTIATING INTERNATIONAL RULES FOR OBTAINING ELECTRONIC EVIDENCE

A news release from the EU on 5th February said that the EU Commission recommends engaging in 2 international negotiations on cross-border rules to obtain electronic evidence – one for negotiations with the US and one on the 2nd Additional Protocol to the Council of Europe “Budapest” Convention on Cybercrime.  It says that with the majority of criminal investigations requiring access to evidence based online and often outside the EU, there is an urgent need to equip police and judicial authorities with quick and efficient tools fit for modern reality.  It also says that electronic evidence is needed in around 85% of criminal investigations, and in two-thirds of these investigations there is a need to obtain evidence from online service providers based in another jurisdiction.  Currently, the largest service providers have their headquarters in the US.  The number of requests to the main online service providers continues to increase and grew by 84% in the period 2013-2018.

http://europa.eu/rapid/press-release_IP-19-843_en.htm

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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