e-evidence
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“E-evidence” negotiations: European Parliament must stand its grounds
The European Parliament and the Council have tremendous difficulties to agree on the issue of cross-border access to data by national law enforcement authorities. While the Parliament is trying to maintain as many fundamental rights safeguards as possible in the so-called “e-evidence” Regulation, the Council is stubbornly sticking to its position. If the Council’s vision overrides the Parliament, the legislation would seriously threaten free speech, privacy rights and the right to a fair trial. A coalition of digital rights, lawyers, journalists, media organisations and internet service providers associations are calling on the Council to show a greater spirit of cooperation and urge the Parliament to not excessively deviate from its original position.
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New Cybercrime Protocol will undermine our privacy to compensate for the rising powers of law enforcement authorities
This new international agreement raises serious concerns as its shortcomings promise to undermine the safeguards to our fundamental rights, including our privacy and procedural rights.
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E-evidence regulation: Why it matters for medical confidentiality?
Access to health data by foreign authorities in the context of a criminal investigation – be it intentional or not – needs to be carefully regulated as it also impacts doctors’ legal and ethical duties.
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Stories reveal profound flaws in the “e-Evidence Regulation”
The Regulation on cross border access to data by law enforcement (so-called “e-Evidence” Regulation) threatens to put the rights of journalists, lawyers, doctors, social workers and individuals in general at great risk. EDRi and 13 civil rights organisations have just launched four scenarios that clearly depict how our future could enfold if the Regulation is approved.
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“E-evidence” state of play: Building compromises, sweeping rights under the carpet
Despite the Pegasus scandal which has sent shock waves across Europe, and served to shine a light on illegal surveillance practices used by governments, the Council and the European Parliament are moving closer to an agreement on a new data-harvesting tool that could be similarly abused.
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“E-evidence” negotiations: a call to protect media freedoms and democratic rights from abusive cross-border orders
Together with a coalition of 25 organisations and companies, European Digital Rights (EDRi) urges the European Parliament and the Council to uphold a high level of procedural safeguards in their negotiations on the so-called “e-evidence Regulation”.
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E-Evidence: trilogues kick off on safeguards vs. efficiency
The Regulation on European production and preservation orders for electronic evidence in criminal matters (E-Evidence) aims to create clear rules on how a judicial authority in one Member State can request electronic evidence from a service provider in another Member State. One such use case would be requesting user data from a platform in another EU country during an investigation. We wrote about our main issues in the past.
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EDRi with 25 organisations urge Parliament to protect journalists, doctors, lawyers, social services
Together with a coalition of 25 organisations and companies, EDRi urges members of the European Parliament’s Civil Liberties, Justice and Home Affairs Committee (LIBE) to include strong procedural safeguards in the so called “E-Evidence Regulation”.
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Germany: Invading refugees’ phones – security or population control?
In its new study, EDRi member Society for Civil Rights (GFF) examines how German authorities sniff out refugees’ phones. The aim of “data carrier evaluation” is supposed to be determining a person’s identity and their country of origin. However, in reality, it violates refugees’ rights and does not produce any meaningful results.
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Accountable Migration Tech: Transparency, governance and oversight
Migration continues to dominate headlines around the world. For example, given the currently deteriorating situation at the border between Greece and Turkey, with reports of increasingly repressive measures to turn people away, new technologies already play a part in border surveillance and decision-making at the border.
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E-evidence and human rights: The Parliament is not quite there yet
The European Parliament Committee on Civil Liberties (LIBE) is currently busy working out a compromise between its different political groups in order to establish a common position on the “e-evidence” Regulation.
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Click here to allow notifications in cross-border access to data
From a fundamental rights perspective, it’s essential that the proposal enabling cross-border access to data for criminal proceedings (“e-evidence”) includes a notification mechanism. However, this requirement of a notification seems to be out of the question for those advocating for “efficiency” of cross-border criminal investigations, even if that means abandoning the most basic procedural safeguards […]
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