E-Evidence: CCIA Calls on European Parliament to Ensure a Balanced Approach

BY Heather Greenfield
December 7, 2018

Brussels, BELGIUM – European Justice Ministers today adopted a general approach on the draft EU e-Evidence Regulation. The text amends a Commission proposal that would allow national law enforcement authorities to directly request individuals’ data from most digital service providers during criminal proceedings. It also obliges service providers to supply the requested data within 10 days, or 6 hours in emergency cases, or face fines of up to 2% of their annual global turnover.

While CCIA strongly supports swifter access to digital evidence in criminal proceedings, today’s agreement does not provide sufficient procedural and substantive safeguards to prevent conflicts of law and ensure full respect for users’ fundamental rights. As several Member States have pointed out, the text does not provide for adequate checks and balances for “enforcing authorities” to review compliance of a production order with fundamental rights in cross-border cases. It also waters down procedural safeguards in cases where production orders conflict with the legislation of another Member State or a third country.

This text will be the Council’s position for future negotiations with the European Parliament, once MEPs have adopted their own negotiating position.

The following can be attributed to Alexandre Roure, CCIA Senior Public Policy Manager:

“While we support better access to digital evidence for law enforcement, we regret that today’s Council vote increases the risks of conflicts between laws for companies and poses risks to individuals’ fundamental rights. We hope the European Parliament will seek a more balanced approach in its upcoming negotiations with the Council.”

For media inquiries, please contact Heather Greenfield hgreenfield@ccianet.org

 

Related Articles

CCIA Responds to the European Commission Consultation on Article 17 of the Copyright Directive

Sep 10, 2020

Brussels, BELGIUM –The Computer & Communications Industry Association offered comments on the implementation of Article 17 of the Copyright Directive today. CCIA’s comments include elements such as the scope of services covered, how online content-sharing service providers have to provide their ‘best efforts’ to obtain rightsholders’ authorisation, and avoiding unauthorised content online.  After months of…

CCIA Supports an EU Risk-Based Approach to AI in Comments

Sep 10, 2020

The Computer & Communications Industry Association submitted comments today to the European Commission’s roadmap consultation on Artificial Intelligence (AI). The Commission is expected to present a legislative proposal in Q1 2021. In its comments CCIA welcomes the Commission’s aim to “create trust and incentivise the use of such AI systems by citizens and businesses”. It…

CCIA Responds to Public Consultation on EU Proposal for a New Competition Tool

Sep 8, 2020

Brussels, BELGIUM –The Computer & Communications Industry Association offered comments on the European Commission’s public consultation on the forthcoming proposals for a new complementary tool to strengthen competition enforcement (“NCT”) today. The consultation questions cover a wide range of issues around perceived gaps in the current EU competition rules, particularly those related to what are…