In Innsbruck on Friday 13 July at a meeting of EU justice ministers, European Commissioner for Justice Věra Jourová said that there was strong support for proposals on the cross-border access to electronic evidence and she hoped the remaining divergences can be lifted very rapidly.
The Commissioner welcomed the Council’s support in moving to conclusion of an executive agreement with the United States in this connection, she added. The ministers had in effect discussed how these questions were to be dealt with non-EU countries, including them in a European legislative text or in bilateral agreements with third countries.
Among the outstanding issues are the right level of responsibility for digital service suppliers and the process for re-examining the injunction in the event of contradictory obligations based on fundamental rights or a third country’s fundamental interests (see EUROPE 12051).
Austrian minister Josef Moser repeated the Austrian government’s desire to move fast on this question and striking agreement in December (see EUROPE 12059).
Jourová insisted on the usefulness of the tool at a time when some people misuse technology. She said criminals or terrorists act fast and police have to be able to act just as fast and be effective.
The European Commission’s proposal aims to allow a member state’s authorities to request access to evidence directly from a telephone or electronic service provider in another member state in a shorter period of time. The question of such access naturally arises with the United States and their digital giants. (Original version in French by Solenn Paulic, along with Marion Fontana)