EU: Secret negotiations on e-evidence: Council and Parliament positions side-by-side
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Country/Region
02 February 2021
The Council of the EU and the European Parliament will soon begin negotiations on "e-evidence" legislation, the aim of which is to simplify law enforcement authorities' ability to access data held by digital service providers in another national jurisdiction. A preparatory document produced by the Council, published here by Statewatch, shows the differences between the two institutions' positions.
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The proposed rules are divided between a Regulation and a Directive, although the Parliament would prefer to scrap the Directive and include everything in a Regulation.
See the documents:
- Directive of the European Parliament and of the Council laying down
harmonised rules on the appointment of legal representatives for the
purpose of gathering evidence in criminal proceedings - 4-column table (Council document 5509/21, LIMITE, 25 January 2021, pdf) - Regulation of the European Parliament and of the Council on European
Production and Preservation Orders for electronic evidence in criminal
matters - 4-column table (Council document 5507/21, LIMITE, 25 January 2021, pdf)
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