EU-USA: "Sensitive" European Commission information note on cross-border access to electronic evidence
Topic
Country/Region
11 May 2021
A recent note produced by the European Commission, marked "sensitive" and not intended for distribution outside of the Council of the EU or European Parliament, sheds a sliver of light on the "state of play of negotiations of an EU-US Agreement on cross-border access to electronic evidence".
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See: Information note from the European Commission services following the stock-taking meeting with the US on an EU-US Agreement on cross-border access to electronic evidence, 26 March 2021 (Council document 7295/21, LIMITE, 31 March 2021, pdf):
"The purpose of this information note is to inform the European Parliament and the Council on the state of play of negotiations of an EU-US Agreement on cross-border access to electronic evidence.
The Commission held a stock-taking meeting on the 26th March 2021 with the US ahead of the forthcoming EU-U.S. Justice and Home Affairs Senior Officials Meeting on 14‑15 April 2021 (which will be held in VTC). The EU side was represented by representatives from DG JUST, DG HOME, EEAS, LS and SG. The US side was represented by the Department of Justice and the Department of State. The US mission in Brussels and the EU Delegation in Washington also attended.
At the meeting the EU and US side took stock of developments since the last negotiating round in March 2020."
Further reading
- EU-USA: Action against encrypted communications to be discussed at senior officials' meeting in April (24 March 2021)
- CEPS report: "Cross-border data access in criminal proceedings and the future of digital justice" (5 November 2020)
- EU-USA: Meeting on 6 November 2019 discussed agreement on exchange of electronic evidence (7 November 2019)
- Commission starts negotiations with the USA on exchange of e-evidence (8 October 2019)
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