E-evidence Regulation
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The many faces of facial recognition in the EU
In this second installment of EDRi's facial recognition and fundamental rights series, we look at how different EU Member States, institutions and other countries worldwide are responding to the use of this tech in public spaces.
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Dance. Enjoy. Share. With Care.
Anyone using cloud services should be aware of what the “cloud” is, what it is not, and how it can affect our privacy and security. Our information stored in “clouds” can be protected if the EU says “Yes!” to a strong ePrivacy Regulation, greater enforcement of the General Data Protection Regulation (GDPR), and drops the […]
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ePrivacy hangs in the balance, but it’s not over yet…
Unless you have been living under a rock (read: outside the “Brussels bubble”) you will likely be aware of the long and winding road on which the proposed ePrivacy Regulation has been for the last three years. This is not unusual for a piece of European Union (EU) legislation – the 2018 General Data Protection […]
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“E-evidence”: Repairing the unrepairable
On 11 November 2019, Member of the European Parliament (MEP) Birgit Sippel (S&D), Rapporteur for the Committee on Civil Liberties, Justice and Home Affairs (LIBE) presented her draft Report, attempting to fix the many flaws of the European Commission’s “e-evidence” proposal. Has Sippel MEP been successful at repairing the unrepairable? The initial e-evidence proposal by […]
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Civil society calls for a proper assessment of data retention
In preparation of a possible proposal for new legislation, the European Commission is conducting informal dialogues with different stakeholders to research about the possibilities of data retention legislation that complies with the rulings of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). As part of these […]
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EU rushes into e-evidence negotiations without common position
On 6 June 2019, the Justice and Home Affairs Council (JHA) – which gathers all EU Member States Ministers of Justice – asked the European Commission to start international negotiations on cross-border access to electronic evidence in criminal matters (so-called “e-evidence”) in the upcoming months. The Commission should enter into bilateral negotiations with the United […]
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Cross-border access to data for law enforcement: Document pool
The European Commission proposed a Regulation on cross-border access to and preservation of electronic data held by service providers and a Directive to require service providers to appoint a legal representative within the EU in April 2018. Since then, the legislative process to adopt them has been fast-tracked, which has prevented any proper assessment of […]
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Digital rights as a security objective: New gateways for attacks
Violations of human rights online, most notably the right to data protection, can pose a real threat to electoral security and societal polarisation.
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EU Council’s general approach on “e-evidence”: From bad to worse
On 7 December 2018, the Justice and Home Affairs Council (JHA) adopted its general approach – a political agreement before entering into negotiations with the European Parliament – on the proposal for a Regulation on European Production and Preservation Orders in criminal matters. The initial proposals of the European Commission already raised concerns in terms […]
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Growing concerns on “e-evidence”: Council publishes its draft general approach
On 30 November 2018, the Council of the European Union published a draft text for its general approach on the proposal for a regulation on European Production and Preservation Orders in criminal matters – also known as “e-evidence”. The text is to be adopted by EU Member States, represented in the Council.
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Brussels up close – Experiences from the EDRi exchange programme
Learning and knowing abstractly how the EU works is one thing, seeing it up close and doing advocacy work right there is quite another! I am a Policy Advisor for the Austrian EDRi member organisation "epicenter.works – for digital rights" and, in October 2018, I spent two weeks with the EDRi office in Brussels. My aim was to get a better understanding of EU law making and advocacy.
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CJEU introduces new criteria for law enforcement to access data
On 2 October 2018, the Court of Justice of the European Union (CJEU) delivered a new ruling in the “Ministerio Fiscal” case on access to data retained by electronic communications service providers under the scope the ePrivacy Directive.
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