EU Ministers Approve Negotiating Mandates on Law Enforcement Access to Digital Evidence

BY Heather Greenfield
June 6, 2019

Brussels, BELGIUM — Today, EU Justice Ministers adopted two negotiating mandates for bilateral and regional agreements to improve law enforcement access to e-evidence.

The first negotiating mandate authorises the European Commission to enter into bilateral negotiations with the United States government to facilitate law enforcement access to digital evidence in criminal investigations on both sides of the Atlantic. The second mandate will have the EU speak with one voice in the run-up to a second protocol to the Council of Europe Cybercrime Convention on law enforcement access to data.

The Computer & Communications Industry Association acknowledges the need to reform rules to facilitate law enforcement data access as criminal evidence moves to the global Internet. CCIA firmly believes that such reforms can only be successful if they are built on a shared understanding of the necessary, procedural and substantive safeguards across the jurisdictions where user data travels. These safeguards must preserve users’ fundamental rights and avoid conflicts of laws.  

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

“Today’s Council votes are a step in the right direction. We support international reforms on law enforcement access to digital evidence, which strengthen user rights and due process and remove conflicts between national laws.”

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