Senior Legislative Counsel, American Civil Liberties Union
All Sessions by Neema Singh Guliani
21 February 2019
E-evidence: A new tool to counter cross-border crime?
16:15 - 17:30
Digital data offers great opportunities – and difficulties for cross-border law enforcement. Much electronic information is stored outside the country where it is needed for purposes of countering crime and terrorism. In response, both the US and Europe are proposing new laws designed to compel companies holding the data to allow direct access. In the US, the new Cloud Act obliges companies to provide data stored on servers on request regardless of whether the data is stored in the US or abroad. The European Council and European Parliament are debating a similar proposal under the guise of the European Production Order or ‘e-evidence’. If a company accedes to a request from one country, it could be violating the law where the data is stored. This type of direct cooperation in access to electronic data poses profound challenges to the notion of jurisdiction and often leads to conflicts of laws between the countries concerned. It also raises challenges from the perspective of the right of defence in criminal proceedings and privacy standards. How can these issues and conflicts be overcome in a rule of law and trust-based framework?
This session is organised in the context of the JUD-IT (Judicial Cooperation in Criminal Matters and Electronic IT Data in the EU: Ensuring Efficient Cross-Border Cooperation and Mutual Trust) Project. The project counts with the financial support of the Justice Programme of the European Union.