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来源类型 | Liberty and Security in Europe Papers |
规范类型 | 论文 |
Cross-border Access to Electronic Data through Judicial Cooperation in Criminal Matters | |
Marco Stefan; Gloria González Fuster | |
发表日期 | 2018-12-03 |
出处 | Terrorism and Crime |
出版年 | 2018 |
语种 | 英语 |
摘要 | In the digital age, access to data sought in the framework of a criminal investigation often entails the exercise of prosecuting powers over individuals and material that fall under another jurisdiction. Mutual legal assistance treaties, and the European Investigation Order allow for the lawful collection of electronic information in cross-border proceedings. These instruments rely on formal judicial cooperation between competent authorities in the different countries concerned by the investigative measure. By subjecting foreign actors’ requests for data to domestic independent judicial scrutiny, they guarantee that the information sought during an investigation is lawfully obtained and admissible in court. At the same time, pressure is mounting within the EU and in the US to allow law enforcement authorities’ access to data outside existing judicial cooperation channels. Initiatives such as the European Commission’s proposals on electronic evidence and the CLOUD Act in the US foster a model of direct private–public cross-border cooperation under which service providers receive, assess and respond directly to a foreign law enforcement order to produce or preserve electronic information. This paper scrutinises these recent EU and US initiatives in light of the fundamental rights standards, rule of law touchstones, and secondary norms that, in the EU legal system, must be observed to ensure the lawful collection and exchange of data for criminal justice purposes. A series of doubts are raised as to the Commission e-evidence proposal and the CLOUD Act’s compatibility with the legality, necessity and proportionality benchmarks provided under EU primary and secondary law. Marco Stefan is a Research Fellow within the Justice and Home Affairs Section at CEPS. Gloria González Fuster is a Research Professor and a member of the Law, Science, Technology & Society Research Group at the Vrije Universiteit Brussel. |
主题 | Rights and Security |
URL | https://www.ceps.eu/publications/cross-border-access-electronic-data-through-judicial-cooperation-criminal-matters |
来源智库 | Centre for European Policy Studies (Belgium) |
资源类型 | 智库出版物 |
条目标识符 | http://119.78.100.153/handle/2XGU8XDN/63238 |
推荐引用方式 GB/T 7714 | Marco Stefan,Gloria González Fuster. Cross-border Access to Electronic Data through Judicial Cooperation in Criminal Matters. 2018. |
条目包含的文件 | ||||||
文件名称/大小 | 资源类型 | 版本类型 | 开放类型 | 使用许可 | ||
MS%26GGF_JudicialCoo(1236KB) | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 |
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