Past eventNovember 14, 2023
With increasing digitization of our society, law enforcement agencies face a growing need to access electronic evidence for their ongoing investigations. In fact, e-Evidence is reported to be required in 85% of criminal investigations across the EU. Combined with the cross-border nature of digital crimes, this evolution also means that law enforcement authorities increasingly collaborate with various providers of digital services from all around the world.
This requires policymakers to develop novel legal solutions that balance the efficiency of e-Evidence access with the protection of human rights, while creating new models for international cooperation in criminal matters.
One of the recently adopted European initiatives in this regard is the e-Evidence Regulation. While the legislation introduces an encompassing cross-border data access framework, some legal and operational questions remain and merit further discussion. At the same time, the e-Evidence package constitutes an important model for criminal cooperation and provides a clear path for other parallel legislative initiatives on cross-border access to e-Evidence in criminal matters, such as the recently resumed negotiations on a future EU-U.S. Agreement on electronic evidence in criminal matters (aka EU-US CLOUD Act Agreement).
This invitation-only event aims to discuss outstanding questions on e-Evidence as well as the forthcoming steps towards the conclusion of an EU-U.S. Agreement on Electronic Evidence. It brings together experts from governmental organizations, academia, and industry to discuss the above developments, questions and opportunities. It follows the 2022 edition: “Data in Law Enforcement. Navigating the Online Environment in the 21st Century” (Report).
The event will take place on 14 November 2023, from 9:00 AM to 13:30 PM, at the Microsoft Center Brussels, 51 Rue Montoyer. Discussions will take place under Chatham House rules.
Key Topics
Implementation of the e-Evidence Regulation
Transatlantic cooperation on Electronic Evidence in Criminal Matters
Agenda
Tuesday, November 14, 2023
9:00 - 9:25
Welcome & Coffee
9:25 - 9:30
Opening Remarks, Microsoft
9:30 - 10:40
SESSION 1: Implementing the EU’s e-Evidence Regulation – Benefits and outstanding questions
Proposed over five years ago by the European Commission, the e-Evidence Package was formally adopted by the European Parliament and the Council of the European Union in late August 2023. The framework is considered a major development in the field of transnational criminal law, modernizing the process of investigating transnational crimes in the EU. One of the groundbreaking principles introduced by the e-E-Evidence Package is the direct cooperation between law enforcement authorities and service providers for the benefit of justice in other member states. This panel will assess the unique principles put forward by the Package, but also the challenges and outstanding questions, as well as the expected impact in the area of EU criminal matters.
Tania Schröter, Deputy Head of Unit, Criminal Procedural Law, DG JUSTICE, European Commission
Marc van der Ham, Deputy Team Lead & Legislative Advisor, National Office of the Dutch Prosecution Service, eLaw PhD Candidate at Leiden Law School
Anna Drozd, Senior Legal Advisor, Council of Bars and Law Societies of Europe (CCBE)
Norman Barbosa, General Manager and Associate General Counsel, Law Enforcement, National Security and Telecom at Microsoft
Moderated by:
Vanessa Franssen, Professor at University of Liege and Senior Researcher at KU Leuven, Institute of Criminal Law
Vanessa Franssen, Professor at University of Liege and Senior Researcher at KU Leuven, Institute of Criminal Law
10:40 - 10:55
Break
10:55 - 11:20
Fireside Chat: James Arroyo, Director, Ditchley Foundation in conversation with Julie Brill, CVP Privacy, Safety and Regulatory Affairs Microsoft
11:20 - 12:25
SESSION 2: Path towards an EU-US Agreement on Electronic Evidence
The e-Evidence Package and the OECD Declaration on Government Access to Personal Data Held by Private Sector Entities constitute solid achievements towards the harmonization of laws governing access to data and international cooperation in tackling transnational crimes such as terrorism, cybercrime, or child sexual abuse. This session aims to explore the next steps in terms of transnational cooperation on e-Evidence access, and particularly the path towards the conclusion of an EU-U.S. Agreement on Electronic Evidence. Following the relaunch of negotiations in March 2023, this session aims to assess benefits that the Agreement could bring and to reflect on possible challenges and creative solutions.
Phoebe McKenzie, Head of International Data Access, Compliance and Delivery, UK Home Office
Theodore Christakis, Professor of International and European Law at University Grenoble Alpes
Emily Taylor, CEO, Oxford Information Labs, Associate Fellow Chatham House
Corinna Schulze, Director Government Relations SAP
Moderated by:
Alan Raul, Privacy and Cybersecurity Partner at Sidley Austin LLP, Lecturer at Harvard Law School
Alan Raul, Privacy and Cybersecurity Partner at Sidley Austin LLP, Lecturer at Harvard Law School
12:25 - 12:45
Concluding Remarks on the Transatlantic Cooperation on Electronic Evidence
Dylan Cors, International Director, Office of Law & Policy, National Security Division, U.S. Department of Justice
Ignacio Gómez Navarro, Team Leader, Security in the Digital Age, DG HOME, European Commission
12:45 - 13:30