Cross border access to data
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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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Double legality check in e-evidence: Bye bye “direct data requests”
After having tabled some 600 additional amendments, members of the European Parliament Committee on Civil Liberties (LIBE) are still discussing the conditions under which law enforcement authorities in the EU should access data for their criminal investigations in cross-border cases. One of the key areas of debate is the involvement of a second authority in […]
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Casual attitude in intelligence sharing is troubling
A recent report by Dutch Military Intelligence and Security Service CTIVD shows that the Dutch secret services regularly violate the law when sharing intelligence with foreign services. For the sake of privacy and freedom of communication, it is crucial that data sharing safeguards are both tightened and more strictly enforced.
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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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EU Commissioners candidates spoke: State of play for digital rights
On 1 November 2019, the new College of European Commissioners – comprising 27 representatives (one from each EU Member State), rather than the usual 28, thanks to Brexit – are scheduled to take their seats for the next five years, led by incoming President-elect, Ursula von der Leyen.
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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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New UK counter-terrorism law limits online freedoms
The Counter-Terrorism and Border Security Act 2019 became law in the United Kingdom (UK) in February, after passing through UK parliament with less debate than many had hoped, while Brexit dominated the political agenda. The new law is problematic in many ways, including the way in which it limits freedom of expression and access to […]
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Safeguarding fundamental rights in the new Cybercrime Protocol
On 20 February, European Digital Rights (EDRi), along with ten civil society organisations from across the globe, responded to a public consultation on the Council of Europe’s Second Protocol to the Convention on Cybercrime (also known as the Budapest Convention). The draft Protocol aims to establish international rules for cross-border access to personal data by […]
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LIBE Committee analysis: Challenges of cross-border access to data
On 7 February, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) presented two new working documents analysing further the issue of cross-border access to data in criminal matters, also known as “e-evidence”.
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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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