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by Rebecca Shaeffer and Laure Baudrihaye-Gérard
The paper highlights the concerns and proposes a number of recommendations for reform.
State of the art and latest developments in the EU and the US
by Marco Stefan and Gloria González Fuster
This paper scrutinises the recent EU and US initiatives in light of the fundamental rights standards, rule of law touchstones, and secondary norms that, in the EU legal system, must be observed to ensure the lawful collection and exchange of data for criminal justice purposes. A series of doubts are raised as to the Commission e-evidence proposal and the CLOUD Act’s compatibility with the legality, necessity and proportionality benchmarks provided under EU primary and secondary law.
State of the Art and Fundamental Rights
by Francesca Galli
Cross-border law enforcement access to individuals’ data held by private companies - profoundly challenge the safeguard of fundamental rights and the rule of law. There are three main models of foreign law enforcement authorities’ access to data: (1) mediated access; (2) unmediated access; (3)
hybrid access. EU Member States have traditionally privileged the model of mediated access.
by Valsamis Mitsilegas and Niovi Vavoula
This concept note is meant to provide a concise overview of the right to private life (Article 8 ECHR and Article 7 EU Charter) as underlined in a series of general and sectoral instruments. The centrality of privacy in an era of omnipotence of personal data and a constitutional recognition of the right to personal data protection (Article 8 EU Charter) is highlighted both from a normative and jurisdictional perspective. Furthermore, the note provides a typology of privacy standards on the
basis of recent case law by the European Court on Human Rights and the Court of Justice of the
European Union on surveillance practices through processing of personal data. Finally, emphasis is placed on the Data Protection Directive, by analysing its main features.
05/Publication: Compilation of case notes from relevant EU judgements
by Maastricht University
As part of the JUD-IT project, Maastricht University has compiled the following set of
jurisprudential case notes. The notes focus on specific landmark judgments held by the Court of Justice of the European Union, and scrutise key rulings through which the Court of Luxembourg addressed questions related to the processing of EU data in the prevention, detection, investigation and prosecution of crime and terrorism. The notes help clarifying the conditions that must be met in order for the gathering, accessing and sharing of electronic information by law enforcement authorities to be considered legal under EU law.
The following cases are hereby analyzed:
• Patrick Breyer v Bundesrepublik Deutschland (2016)
• Tele2 Sverige AB v Post-och telestyrelsen and Secretary of State for the Home Department v
Tom Watson and Others (“Tele2”) (2016)
• Opinion 1/15, Canada-EU PNR (2017)
06/Publication: Cross-border Access to E-Evidence
by Gloria González Fuster & Sergi Vázquez Maymir (VUB)
This paper aims at situating the policy discourse accompanying current European Union (EU) initiatives on facilitating access by public authorities to data held by private companies, including in scenarios regarded as crossing jurisdictional borders. More concretely, it contextualises these initiatives in light of the absence of publicly available statistical information on some of the issues which are at the very core of these matters.
by Sergio Carrera & Marco Stefan (CEPS)
Within the EU and across the Atlantic, investigation and prosecution of crime increasingly relies on the possibility to access, collect and transfer electronic information and personal data held by private companies across borders. Cross-border access to and collection of data for the purpose of fighting crime raise several legal and jurisdictional issues. This paper comparatively examines the constitutional, legal and administrative frameworks on access to and use of digital information in cross-border criminal justice cooperation in a selection of EU member states.
08/Publication: JUD-IT Handbook
by Sergio Carrera & Marco Stefan (CEPS)
The JUD-IT Handbook provides a tool for judicial authorities, law enforcement actors, and defence lawyers to better navigate the complex legal and institutional framework governing cross-border cooperation for accessing and exchanging electronic information sought in the context of criminal proceedings. Based on the JUD-IT Project findings, the Handbook identifies ways in which existing instruments of criminal justice cooperation in the field of evidence gathering can be used in practice to request and obtain data held by service providers across borders.
JUD-IT national-level research resulted in 13 Country Briefs, which provide a clear overview of the conditions for requesting, transmitting, validating and executing cross-border requests for data in each of the country analyses. Each of the JUD-IT Country Briefs provide an overview of the national constitutional guarantees attached to different categories of data in the context of (domestic and cross-border) criminal proceedings. They furthermore look at the institutional and procedural framework governing judicial cooperation in the field of access to and exchange of electronic information. Finally, attention is paid to the conditions for admissibility of data as evidence in criminal proceeding.
The countries of study include: Austria, Belgium, Bulgaria, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, The Netherlands, Spain, Sweden.
01/ Transnational Judicial Training workshop
05/06 November 2018
The project aims at taking stock of how electronic data is requested, accessed and
exchanged through Mutual Legal Assistance agreements and mutual recognition instruments, in particular the European Investigation Order.
More info at:
02/ Policy Meeting - E-evidence: A new tool to counter cross-border crime?
21 February 2019
The Egg, Brussels, Belgium
Digital data offers great opportunities – and difficulties for cross-border law
enforcement. Much electronic information is stored outside the country where it is
needed for purposes of countering crime and terrorism. In response, both the US and
Europe are proposing new laws designed to compel companies holding the data to
execute requests coming from abroad.
This Policy Meeting is organized within the CEPS Ideas Lab.
More info at:
03/ Judicial cooperation and cross-border data gathering
in the fight against crime:
What future for E-evidence?
26/27 September 2019
The JUD-IT Final Conference intends to provide EU policy makers a sound evidence basis for discussing core issues and possible ways forward in the inter-institutional discussions that will define the scope and content of both, the EU draft regulation on European Production and Preservation Orders, and the new EU-US agreement under on cross-border access to data.
Download the full AGENDA. Registration at: