Civil Society Organisations Voice Concerns over Council Plans on E-Evidence
Eighteen civil society organisations urged Member States to seriously reconsider its draft position on law enforcement access to “e-evidence” on the eve of the vote on the general approach in the Council. In a letter of 5 December 2018, the organisations point out that the draft presented by the Austrian Presidency fails to solve the fundamental concerns of the e-evidence proposal (for other critical reactions, see eucrim 2/2018, pp. 107-108, and 3/2018, pp. 162-163). In particular, the following issues have been raised:
- Considerable reduction in the possibility for enforcing authorities to refuse recognition and enforcement of an order on the basis of a violation of the Charter of Fundamental Rights;
- Erroneous assumption that non-content data is less sensitive than content data, contrary to CJEU and ECtHR case law;
- Contemplation of the possibility to issue orders without court validation, disregarding CJEU case law (e.g., in Tele 2 Sverige);
- Failure to provide legal certainty;
- Undermining of the role of executing states, thereby undermining judicial cooperation.
In sum, the concerns over fundamental rights already raised have grown even more with the new text.
CooperationLaw Enforcement Cooperation