The EU E-Evidence Regulation reflects the complexity of the issue and the difficult balancing between increasing efficiency in criminal investigations and ensuring high due process guaranties.
What is ‘Data’? Definitions in International Legal Instruments on Data Protection, Cross-Border Access to Data & Electronic Evidence
Karine Bannelier and Anaïs Trotry discuss the definitions of “data” as evidenced in international legal instruments to date.
Four years have passed since the United States and the European Union set out to design an improved mechanism for transatlantic e-evidence transfers, but minimal progress has been made. While the United States enacted the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), a parallel EU effort to pass a uniform E-Evidence Regulation remains stalled due to disagreements primarily over individual privacy rights. In the absence of EU legislation, transatlantic negotiations have stalled.