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EU-USA: Justice & Home Affairs Ministerial meeting, 8-9 November: Exchange of e-evidence

27 November 2018

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EU-USA Justice & Home Affairs Ministerial meeting, 8-9 November: Exchange of e-evidence
27.11.18
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The Council has circulated a Note with the: Outcome of proceedings of the EU-US Justice and Home Affairs Ministerial Meeting (Washington, 8-9 November 2018) (LIMITE doc no: 12894-18, pdf).

This includes:

"Cross-border access to electronic evidence

The EU delegation informed about ongoing discussions on the proposals for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters and a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings.

As in previous discussions, both sides expressed their intention to explore the possibilities of a comprehensive agreement between the EU and the US to allow direct access to service providers by law enforcement authorities on both sides, taking into account their respective legal constraints. In this context, the EU delegation reiterated the EU's exclusive competence in these matters, as well as its willingness to engage in negotiations with the US, on the basis of a negotiating mandate to be adopted soon." [emphasis added throughout]

The Note also includes a reference to:

"the set of measures presented in October 2018 to support law enforcement and judicial authorities' ability to access encrypted information in criminal investigations, as a follow-up to the June 2018 European Council Conclusions."

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