| Author (Corporate) | Council of the European Union, European Parliament |
|---|---|
| Series Title | Official Journal of the European Union |
| Series Details | L 191, Pages 118-180 |
| Publication Date | 28/07/2023 |
| Content Type | Blog & Commentary, Legislation, News, Policy-making |
Summary:Regulation (EU) 2023/1543 - adopted by the co-legislators on 12 July 2023 - concerning European Production Orders and European Preservation Orders for electronic evidence (e-evidence) in criminal proceedings and for the execution of custodial sentences following criminal proceedings. Further information:The use of web-based communication tools have become a commonplace across the world. While their economic and social benefit is significant, they can also be misused as tools to commit or facilitate crimes. When that happens, these services and apps are often the only place where investigators can find leads to determine who committed a crime and obtain evidence that can be used in court. Given the borderless nature of the internet, such services can be provided from anywhere in the world and do not necessarily require physical infrastructure, a corporate presence or staff in the Member States of the European Union (EU) where the services are offered or in the internal market as a whole. They also do not require a specific location for the storage of data. As a result, authorities across the EU require access to data that might serve as evidence and that is store outside their country and/or by service providers in other Member States or third countries. This Regulation lays down the rules under which an authority of a Member State of the European Union (EU), in criminal proceedings, may issue a European Production Order or a European Preservation Order and thereby order a service provider offering services in the EU and established in another Member States (or represented by a legal representative), to produce or preserve electronic evidence regardless of the location of the data. The issuing of these Orders may also be requested by a suspect or an accused person, or by a lawyer on that person's behalf. Mechanisms for cooperation between countries were developed over the decades. Despite regular reforms, these mechanisms are subject to increasing pressure from the growing need for timely cross-border access to electronic evidence. In response, several countries resorted to expanding their national tools, which resulted in fragmentation. This has generated legal uncertainty and conflicting obligations, and has raised questions as regards the protection of fundamental right and procedural safeguards for persons affected by such requests. Seeking to adapt cooperation mechanisms to the digital age, the draft law for this Act was adopted by the European Commission on 17 April 2018. It was part of a legislative package aimed at strengthening cross-border cooperation tackle serious crime. The Council of the European Union adopted its general approach on 7 December 2018. The plenary of the European Parliament endorsed a negotiating position on 16 December 2020. An informal agreement between the co-legislators on a compromise text for this file was reached on 29 November 2022. This was formally confirmed by the Parliament on 13 June 2023, followed by the Council on 27 June. The Act was signed by the co-legislators on 12 July 2023 and published in the Official Journal on 28 July 2023. |
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| Source Link | Link to Main Source http://data.europa.eu/eli/reg/2023/1543/oj |
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| Subject Categories | Justice and Home Affairs |
| Subject Tags | Criminal Law, Organised Crime, Police | Judicial Cooperation, Security Union |
| Keywords | Data Hosting | Storage, Data Privacy | Protection, Digital Technology |
| International Organisations | European Union [EU] |
