Cross-border access to e-evidence: What is the way forward?
In April 2018, the European Commission proposed new “e-evidence” legislation which would create a new framework for law enforcement authorities in the European Union to lawfully compel service providers to preserve or turn over electronic data stored in the cloud.
The Council of the EU welcomed the Commission’s initiative and adopted a general approach in December 2018. Despite consensus among Member States that new rules governing digital evidence are needed, seven countries opposed the Council’s position, arguing that it prioritises efficiency and speed over the protection of fundamental rights.
The European Parliament, is in the process of finalising its position on the file, considering some 800 proposed amendments which include enhanced protections for data subjects such as notice to user and refusal grounds, among other procedural and substantive rights.
Join this high-level EURACTIV Presidency Debate to discuss the future of the European cross-border regime on the access to electronic evidence, at a decisive time for the e-Evidence file. Questions will include:
- How can lawmakers deal with the divergences in the criminal laws of EU Member States?
- Can e-evidence lead to more government monitoring?
- How can an appropriate level of monitoring be agreed?
- What is the role for service providers?
- Should the scope of the proposal be limited to cases of terrorism or ‘serious crime’? And is the concept of ‘serious crime’ sufficiently harmonised?
- Can all EU Member States be trusted to hand over evidence when requested to do so?
- Are additional human rights safeguards needed?
Rue Montoyer 51, 1000 Brussels
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Isabelle Pérignon, Deputy Head of Cabinet, European Commissioner for Justice Didier Reynders
Moritz Körner MEP, Member, LIBE Committee, European Parliament
Vanessa Franssen, Associate Professor, University of Liège; Senior Academic Staff, Institute of Criminal Law, KU Leuven
More speakers to be announced soon.
Brian Maguire, Freelance Journalist, EURACTIV
17:30 – 18:00 Welcome drinks & registration
18:00 – 18:05 Opening remarks
18:05 – 19:30 Panel discussion and Q&A
19:30 – 20:30 Networking Reception
+32 (0) 2 788 36 93