Cross-Border Access to Electronic Evidence in Criminal Cases: Setting the Rules

Electronic information flows instantly without borders while criminal law systems are bumping constantly into them. Law Enforcement Authorities must usually search and seize digital evidence in network-based services, since communications data, cloud services, etc. are often stored outside of the investigating State.​

The cross-border nature of investigations that involve e-evidence has fuelled recent initiatives launched by both the European Union and the United States. A vibrant debate about the best ways to guarantee a lawful access to such data is open. On one hand, serious concerns about the implications for privacy issues arise. On the other hand, jurisdictional limits and the adequacy of mutual legal assistance instruments are in question.​

These developments address a new challenge: online service providers are being assigned a crucial role inside the criminal law system, questioning how far contemporary criminal enforcement schemes can go when establishing their collaboration duties.​​

A sandwich lunch will be available from 12.30. The meeting will begin at 1pm.