DIGITALEUROPE response to the Commission non paper on cross-border access to eEvidence

DIGITALEUROPE, the voice of the digital technology industry in Europe, welcomes the European Commission’s “non-paper” “Improving cross-border access to electronic evidence: Findings from the expert process and suggested way forward.” . We participated in the stakeholder workshops and continue to support the DG HOMEDG JUST task force effort to tackle the difficult jurisdictional and other challenges that must be resolved to develop a common approach in the EU.

DIGITALEUROPE would like to reiterate that our members take their responsibility to maintain the safety, security, and privacy of millions of users in the EU seriously. Our members are also committed to being transparent in the way they execute these responsibilities.

As stated in DIGITALEUROPE’s submission to the Commission task force from 3 March 2017, our members recognise that there are situations where they need to assist law enforcement agencies carrying out investigations into criminal activity. However, our members also acknowledge that the legal framework governing cross-border requests should be clarified and we are eager to continue to work with all relevant stakeholders on these important issues.

The non-paper focuses on both practical measures to improve cooperation with service providers within the existing legal framework, and on possible legislative measures for “increased legal certainty, transparency and accountability.” As these options will be examined in the upcoming JHA Council meeting, DIGITALEUROPE would like to emphasize some points relevant to the non-paper that we raised in our previous submission to the task force, and to add additional comments.