CROSS-BORDER ACCESS TO ELECTRONIC EVIDENCE IN THE EUROPEAN UNION
CROSS-BORDER ACCESS TO ELECTRONIC EVIDENCE IN THE EUROPEAN UNION

Summary/Abstract: In 2016 EU member states completed a European Commission’s questionnaire on improving cooperation between competent national authorities to facilitate and accelerate the collection of electronic evidence, direct cooperation between competent authorities and the private sector, providing international legal assistance and mutual recognition of decisions between Member States and execution of state jurisdiction in cyberspace. The results showed that there is no approximate unique solution for cross-border access to electronic evidence, which results in legal uncertainty and precludes cross-border cooperation. Given the insufficient efficiency of the existing mechanisms, on the one hand, and the nature of the data processed, stored and transmitted over the Internet, on the other hand, the question was raised whether it would be justified, due to the need for urgent response in cyber space, to give the competent state authorities the authority to access and search under certain conditions and in certain cases computer systems and networks located in the territory of another country, or to take certain actions outside the borders of their territory to collect data for criminal proceedings. The subject of the paper will be to consider the justification of such powers through a critical analysis of the proposal for a Regulation on a European warrant for the preservation and submission of electronic evidence in criminal matters and the proposal for a Directive on the appointment of a legal representative responsible for the taking of evidence in criminal proceedings.

• Details
• Contents