Cezhraničný prístup k elektronickým dôkazom v trestných veciach. Visí vo vzduchu európsky Cloud act?
Cross-border Access to Electronic Evidence in Criminal Matters. European Cloud Act Hanging in the Air?

Summary/Abstract: The article describes regulation on cross border access to e-evidence in criminal matters. It explains how CLOUD Act (i) resolved the legal issue posed in the Microsoft Ireland case and made the territorial location of data less relevant than possession and control of the data sought; (ii) created an alternative mechanism for law enforcement authorities in EU to obtain the U.S. held data outside the scope of MLATs. It further discusses legal grounds for transfers of personal data to third countries under GDPR and grey area in which providers will operate until an executive agreement between the EU and US is reached. Lastly, the article outlines how proposed regulation on transborder access to e-evidence aims to establish a new framework of direct cooperation between law enforcement and electronic communications providers.

• Details
• Contents