The European Commission’s e-Evidence Proposal – Critical Remarks and Proposals for Changes

What is it about?

The incredibly dynamic technological development is also accompanied by cross-border criminal activity. There is a model followed in obtaining e-evidence that as a general rule data stored by electronic service providers in a given state are made available to law enforcement authorities in that state. However, the currently applied solutions are critically assessed. In response to the current problems, was drafted a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters. The Proposal contains a number of new and controversial solutions. The most important problems include the definition of what entities will be authorised to issue a European Production Order, and for what type of electronic evidence those entities will be authorised to do so. Another crucial issue is under what conditions such an order may be issued. Finally, for service providers, it will be important to know how much time they will actually have to comply with their new obligations.

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