Book contents
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
7 - From Mutual Trust to the Gordian Knot of Notifications
The EU e-Evidence Regulation and Directive
from Part I - Collecting Digital Evidence
Published online by Cambridge University Press: 02 January 2025
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
Summary
Chapter 7 asks how it took more than five years for one of the most pressing legislative projects, seen as essential to enable law enforcement authorities all over the EU to effectively investigate crimes, to be resolved. The European Commission put forward the legislative package concerning e-evidence in criminal matters in 2018, but the legislative process was not concluded until June 2023. What can explain the divergences and delays that occurred, despite all parties having acknowledged the importance of the project? This chapter provides an overview of the difficulties that marked the negotiation process, as well as the solutions finally found, and serves as a very useful guide to e-evidence. It outlines the pre-history of e-evidence and the different stages of the negotiating process, before laying out the positions of the various actors on several issues that had to be negotiated. Finally, it focuses on the most contentious issue, namely the notification to be given, in some cases, by the issuing state to other states involved, permitting them to review the requests to service providers in order to ensure that human rights are protected and that no abuse occurs.
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- Publisher: Cambridge University PressPrint publication year: 2025