9 May 2018
The intensive use of electronic devices, and the quantity and quality of the data generated by them have led law enforcement and judicial authorities to increasingly rely on the analysis of stored electronic information to carry out most of their criminal investigations. Due to the geographic dispersion of internet service providers (ISP's) business models, even ordinary crimes with a clear national scope have acquired a cross-border element. Until now national authorities have relied on different instruments for judicial cooperation, such as the European Investigation Order, or directly approached service providers under uncertain legal basis.
Considering the complaints by both law enforcement and ISP's, in August 2017 the European Commission published an Inception Impact Assessment on the improvement of cross border access to data in criminal matters. The document highlighted the need for a legislative solution and resulted in the drafting of an e-evidence proposal. While unofficially scheduled for the end of January 2018, the proposal was eventually postponed. In the meantime, at the other end of the Atlantic, the U.S took the regulatory initiative on the discussion amid intense debates over the Microsoft Ireland case, b
y adopting the “Clarifying Lawful Overseas Use of Data Act” (Cloud Act). Subsequently, the European Commission presented on the 17 April 2018 a proposal for the adoption of new rules on the gathering of electronic evidence. In particular the Commission presented a Regulation on European Production and Preservation orders for electronic evidence and a Directive on the appointment of legal representatives of service providers in EU. These measures aim to “allow law enforcement in EU Member States better track down leads online and across borders, while providing sufficient safeguards for the rights and freedoms of all concerned”.
The LIVE_ FOR roundtable will bring together expert views of the main actors involved in the debate, to provide a first analysis of the e-evidence proposals and discuss the potential impacts they could have on the collection, exchange and analysis of e-evidence in the EU.
Chair/Moderator: Prof. Dr. Paul de Hert, HUB, VUB
Speakers will be confirmed in due course.
Time: 12:00 - 14:00 (lunch included)
Venue: U-Residence, Vrije Universiteit Brussel, Pleinlaan 2, 1050, Brussel (Access also via Generaal Jacqueslaan 271, 1050 Brussels)
Registration: To register to attend, please contact Sergi Vazquez Maymir
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