Cross-border Access to Electronic Data through Judicial Cooperation in Criminal Matters. State of the art and latest developments in the EU and the US. CEPS Liberty and Security in Europe Papers No. 2018-07, November 2018

摘要: In the digital age, access to data sought in framework of a criminal investigation often entails exercise prosecuting powers over individuals and material that fall under another jurisdiction. Mutual legal assistance treaties, European Investigation Order allow for lawful collection electronic information cross-border proceedings. These instruments rely on formal judicial cooperation between competent authorities different countries concerned by investigative measure. By subjecting foreign actors’ requests domestic independent scrutiny, they guarantee during an is lawfully obtained admissible court. At same time, pressure mounting within EU US law enforcement authorities’ outside existing channels. Initiatives such as Commission’s proposals evidence CLOUD Act foster model direct private–public crossborder which service providers receive, assess respond directly order produce or preserve information. This paper scrutinises these recent initiatives light fundamental rights standards, rule touchstones, secondary norms that, system, must be observed ensure exchange justice purposes. A series doubts are raised Commission e-evidence proposal Act’s compatibility with legality, necessity proportionality benchmarks provided primary law.