Recommendation for a Decision authorising the opening of negotiations for an agreement between the European Union and the United States of America on cross-border access to electronic evidence for judicial cooperation in criminal matters

Summary:

Recommendation presented on 5 February 2019 by the European Commission on the opening of international negotiations on cross-border rules to obtain electronic evidence.

Further information:

Following up on the European Council conclusions from October 2018, the European Commission proposed on 5 February 2019 the opening of negotiations with the United States of America (USA) on access to electronic evidence. The negotiating mandate aims to:

• Ensure timely access to electronic evidence for law enforcement authorities in the EU and the US by shortening the time period for supplying the requested data to 10 days (currently it takes on average 10 months);
• Address legal conflicts by setting out definitions and types of data covered, clarifying legal obligations and ensuring reciprocal rights for all parties;
• Guarantee strong safeguards on data protection, privacy and procedural rights in full respect of fundamental rights and the principles of necessity and proportionality.

An agreement would change existing reality, by which US based service providers cooperate with the European law enforcement authorities on a voluntary basis and are not always allowed - under US law - to respond directly to European requests for access to electronic evidence.

The Council of the European Union adopted on 6 June the proposed mandate authorising the Commission to negotiate an agreement on behalf of the European Union (EU). The Commission expected to launch negotiations later in the month.

Official

European Commission: Press Release, 05/02/2019: Security Union: Commission recommends negotiating international rules for obtaining electronic evidence http://europa.eu/rapid/press-release_IP-19-843_en.htm

European Commission: Fact Sheet, 05/02/2019: Mandate for the EU-US cooperation on electronic evidence [Q&A] http://europa.eu/rapid/press-release_MEMO-19-863_en.htm

EU EDPS: Opinion, 02/04/2019: EU-US Agreement on Electronic Evidence https://edps.europa.eu/data-protection/our-work/publications/opinions/eu-us-agreement-electronic-evidence_en

Council of the European Union: Press Release, 06/06/2019: Council gives mandate to Commission to negotiate international agreements on e-evidence in criminal matters https://www.consilium.europa.eu/en/press/press-releases/2019/06/06/council-gives-mandate-to-commission-to-negotiate-international-agreements-on-e-evidence-in-criminal-matters/

Council of the European Union: Addendum to Decision - Negotiating Directive https://data.consilium.europa.eu/doc/document/ST-9666-2019-INIT/en/pdf

Council of the European Union: Press Release, 06/06/2019: Security Union: Commission receives mandate to start negotiating international rules for obtaining electronic evidence http://europa.eu/rapid/press-release_IP-19-2891_en.htm

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