Commission proposal for the eEvidence was already given in the last mandate. But after hard work of the European parliament for over 4 years to find a balance, EU is now ready to speed up obtaining electronic evidence across boarders.
It is obvious that what happens with the digital tools online is increasingly crucial information for criminal investigations. Also, a requirement to ask about storing the data before its deleted is needed.
Cross-border coordination is difficult as criminal law is only partially harmonized in between member states. So this regulation is needed.
When the investigator (an authority) issues an order to another member state, where the service provider is located, it is the local authority’s duty to assess the order, in case there are concerns of fundamental rights like privacy, or media freedom – or if the offence is even a crime in the country of the service provider. There is possibility to refuse.
Doing this eEvidence right also paves a way for negotiations with the USA on the UN convention.
We have many legislative possibilities to work on to enhance the use of digital tools and new technologies. But it doesn’t need to mean forgetting fundamental rights.
We need to use digital tools also for the safer Europe and NOT for over-ruling rights!