The EU e-evidence rules entered into force on Tuesday, introducing measures designed to make it faster and easier for authorities to obtain electronic evidence during criminal investigations.
According to Eurojust, more than half of criminal investigations currently involve a request for cross-border access to electronic evidence, such as text messages, emails and messages sent through apps.
However, accessing such evidence can present significant legal and technical challenges. Data may be stored in an unknown location, servers can be distributed across several countries, and there are no harmonised deadlines governing how long service providers must retain data or respond to legal requests.
The new EU rules aim to address these difficulties and strengthen judicial cooperation.
New European orders for evidence
The legislation introduces two new judicial cooperation tools.
The European Production Order allows judicial authorities in one EU member state to directly require a service provider in another member state, through its designated point of contact, to provide electronic evidence.
Providers will generally have 10 days to comply, while urgent requests must be answered within eight hours.
The European Preservation Order allows judicial authorities to request that electronic evidence be preserved for 60 days, ensuring that it remains available for subsequent access.
The new measures are intended to make it easier for law enforcement and judicial authorities to obtain the evidence needed to investigate and prosecute criminal activity.
Eurojust support for national authorities
Eurojust will support national authorities in using the European Production and Preservation Orders.
Its assistance will include advice on the applicable legal framework and the feasibility of requests, coordination of simultaneous judicial cooperation requests and measures to avoid jurisdictional conflicts.
The agency will also help with the issuing, transmission and execution of orders, assist with drafting certificates and facilitate discussions between issuing and executing authorities.
Eurojust will additionally provide advice on issues involving privileges and immunities, as well as press freedom and freedom of expression.
SIRIUS project
The SIRIUS project, launched in October 2017, is jointly implemented by Eurojust and Europol and funded by the European Commission’s Foreign Policy Instruments Service.
Working closely with service providers, SIRIUS provides knowledge products and expertise to help investigators and prosecutors access cross-border electronic evidence.
The new EU e-evidence rules are expected to streamline this process and improve cooperation between judicial authorities across the bloc.
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