Rakesh Jha FIP CIPP/E CIPM PMP CSM

NEW EC LAWS & REG

Discussion created by Rakesh Jha FIP CIPP/E CIPM PMP CSM on May 4, 2018
Latest reply on May 10, 2018 by Rakesh Jha FIP CIPP/E CIPM PMP CSM

European Commission rolls out its proposal for a so-called eEvidence law

The law would give European police the power to force companies to turn over emails, text messages, photos, videos, etcetera, within 10 days — or as little as six hours when there is “imminent threat to life or physical integrity of a person or to a critical infrastructure” — for investigation of crimes carrying a minimum jail sentence of three years.

 

Tech companies around the globe will be forced to hand over data to European authorities under the European Union version of the U.S. Clarifying Lawful Overseas Use of Data Act, unveiled April 17.

After many months of discussion and a public consultation, the European Commission presented its proposal for a “Regulation on cross-border access to and preservation of electronic data held by service providers,” along with a law requiring all service providers to appoint a legal representative within the EU.

The law would give European police the power to force companies to turn over emails, text messages, photos, videos, etcetera, within 10 days — or as little as six hours when there is “imminent threat to life or physical integrity of a person or to a critical infrastructure” — for investigation of crimes carrying a minimum jail sentence of three years.

The proposed “European Production Order” would apply to data even when it is stored on servers outside the EU, “regardless of whether it is encrypted or not,” and would also apply to cybercrime with no minimum penalty requirement.

In addition, the proposals foresee “Preservation Orders” to prevent any electronic evidence being deleted.

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