CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, September 29, 2022

Wiersma on Gathering e-Evidence in the EU

Chris Wiersma has posted Policy Brief: The Gathering of Legal e-Evidence in the European Union on SSRN. Here is the abstract:

This Brief aims to contribute to the policy debates surrounding the upcoming EU Regulation on European Production and Preservation Orders for electronic evidence in criminal matters, currently in the final phase of negotiations. It has been reported that the trilogue in June 2022 held under the French Presidency around the Proposals - which aim to ease cross-border requests for and exchange of electronic data for use in criminal cases - was a turning point. On the occasion of the State of the Union Address in 2022 by the European Commission's President Von der Leyen, this policy brief discusses several legal and policy challenges in the area of judicial cooperation in the European Union. It advocates for a direction forward by using internationally agreed law and policy terms in practice. Clear regulatory terms are key to maintain and develop effective regimes for the retrieval of data across borders for the purpose of countering serious crimes. The Brief also mainly discusses the responsibility of online platforms and internet service providers in relation to terrorist and other, violent forms of propaganda. Besides International Human Rights, it is suggested that the EU Charter on Fundamental Rights should be used as a profound basis, not only for discussing the adoption of the above-mentioned, new Regulation, but also stimulating a more sustained dialogue between authorities and civil society in Member States.

| Permalink


Post a comment