Cross-Border Data Forum Bannner
In their IAPP article The Globalization of Criminal Evidence, Professors Christakis, Daskal, and Swire explain how the rise of cloud computing has led to “more than half of all investigation involv[ing] a cross-border request to access [electronic] evidence,” according to a 2018 report by the European Commission. The article examines how this globalization of criminal evidence is driving historic changes in the rules for law enforcement access to electronic communications and other records consistent with privacy and human rights protections. [...]
More than half of all criminal investigations today in Europe include a cross-border request for access to electronic evidence such as text messages, emails or messaging apps. Following an invitation by the Council of the European Union, and after an extensive expert process and consultations with Member States and relevant stakeholders, the EU Commission presented in April 2018 the E-Evidence legislative package which aims to streamline the cooperation with internet and cloud service providers and supply law enforcement and judicial [...]