The European Data Protection Board (EDPD) recently published its Opinion 23/2018 on Commission proposals on European Production and Preservation Orders for electronic evidence in criminal matters (Art. 70.1.b) which was approved on 28 September 2018.
The Opinion comes in light of the April 2018 Commission two complementary legislative proposals aiming to foster coordination among EU Member State authorities and service providers, also including those located outside the EU:
- Proposal for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final) – which will establish the “rules and procedures applicable to issue, serve and enforce preservation and production orders on providers of electronic communication services” and;
- Proposal for a Directive laying down harmonised rules on the appointment of legal representatives for the purposes of gathering evidence in criminal proceedings (COM(2018) 226 final) which will provide the “minimum rules for the appointment of a legal representative for service providers not established in the EU”.
The proposals also suggest how jurisdiction can be both determined and enforced in the cyber world.