EPRS | European Parliamentary Research Service, and Committee for Civil Liberties, Justice and Home Affairs (LIBE) has published in first half of 2021 the following briefing about the on-going legislative processes related to some aspects of EIO practice in connection with a request for collecting digital data in crime investigation:
Electronic evidence in criminal matters OVERVIEW: In December 2020, the European Parliament’s Civil Liberties, Justice and Home Affairs Committee adopted its reports on a pair of 2018 legislative proposals on electronic evidence in criminal matters, and mandates to start trilogue negotiations on the two proposals. The proposed new rules would allow law enforcement and judicial authorities to directly request (or temporarily secure) electronic data needed for investigating and
prosecuting crime from electronic service providers operating in the EU (wherever the data is stored), and would impose an obligation on these service providers to appoint a legal representative for the purpose of gathering evidence and answering competent authorities’ requests. This two-part legislative initiative is the result of an almost two-year process of reflection on how to better adapt criminal justice to the challenges of the digital age, with a specific focus on jurisdiction in
cyberspace and access to electronic evidence. The initiative is part of a broader array of international efforts to improve the legal framework and address persistent legal uncertainty that affects law enforcement and private parties alike.
This is a good step forward after the blocked process for adoption of the two proposed Regulations from 2019 due to the COVID19 epidemic.
Prof.dr.Borka Jerman-Blažič Ex-Head, Laboratory for Open systems and
Networks Jožef Stefan Institute and Faculty of Economics, Ljubljana