14 March 2019
"This paper is the CCBE’s [Council of Bars and Law Societies of Europe] response to a number of recent developments concerning the establishment of international rules for cross-border access to electronic evidence for the purpose of criminal investigations, especially as regards so-called direct cooperation between law enforcement authorities and service providers..."
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EU: CCBE recommendations on the establishment of international rules for cross-border access to electronic evidence (link to pdf):
"This paper is the CCBE’s [Council of Bars and Law Societies of Europe] response to a number of recent developments concerning the establishment of international rules for cross-border access to electronic evidence for the purpose of criminal investigations, especially as regards so-called direct cooperation between law enforcement authorities and service providers.
...The creation of mechanisms which no longer require an MLAT to enable law enforcement authorities to compel international data transfers has, as a consequence, the removal of the checks and balances that are built into MLATs regarding the exchange of data between the EU and the U.S. or the countries who are parties to the Budapest Convention.
In the context of the negotiation of the proposed EU-U.S agreement as well also as the negotiations concerning a Second Additional Protocol to the Council of Europe Convention on Cybercrime, the CCBE therefore strongly calls upon the EU institutions to adhere to the following principles so as to prevent any potential conflicts with European law, to create sufficient safeguards and legal remedies against third country surveillance measures and to ensure the protection of legal professional privilege and professional secrecy:"
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