Annexes to COM(2019)70 - Authorisation of the opening of negotiations in view of an agreement with the USA on cross-border access to electronic evidence for judicial cooperation in criminal matters - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2019)70 - Authorisation of the opening of negotiations in view of an agreement with the USA on cross-border access to electronic ... |
|---|---|
| document | COM(2019)70  |
| date | February 5, 2019 |
(2) Content data may only be obtained on a voluntary basis in cases considered to be an emergency involving danger of death or serious physical injury to any person.
(3) Section 2701(2) of the Electronic Communications and Privacy Act 1986 (ECPA) 41.
(4) The case was heard by the US Supreme Court on February 27 2018. The Court dismissed the case on 17 April 2018, after being informed by the parties that the CLOUD Act had been signed into law enabling a new warrant to be issued to obtain the requested information from Microsoft.
(5) Commission Impact Assessment accompanying the electronic evidence package, 17 April 2018, SWD(2018) 118 final.
(6) Communication from the Commission to the European Parliament and Council: The European Agenda on Security, 28 April 2015, COM(2015) 185 final.
(7) Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters, 17 April 2018, COM(2018) 225 final.
(8) Proposal for a Directive of the European Parliament and of the Council laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings, 17 April 2018, COM(2018) 226 final.
(9) While negotiations with the European Parliament and the Council are ongoing, the Council agreed a general approach on the Commission proposal for a Regulation at the Justice and Home Affairs Council on 7 December 2018.
(10) Council of Europe Budapest Convention on Cybercrime (CETS N° 185), 23 November 2001, http://conventions.coe.int
(11) Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, OJ L 130, 1.5.2014, p.1.
(12) Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union.
(13) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA.
(14) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA.
(15) Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams.
(16) Proposal for a Regulation on preventing the dissemination of terrorist content online, 12 September 2018, COM(2018) 640 final
(17) Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters, 17 April 2018, COM(2018) 225 final
(18) Proposal for a Directive of the European Parliament and of the Council laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings, 17 April 2018, COM(2018) 226 final.
(19) Council Decision 2009/820/CFSP of 23 October 2009 on the conclusion on behalf of the European Union of the Agreement on extradition between the European Union and the United States of America and the Agreement on mutual legal assistance between the European Union and the United States of America.
(20) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
(21) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
(22) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p.37), amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws.
(23) Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters, 17 April 2018, COM(2018) 225 final. Proposal for a Directive of the European Parliament and of the Council laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings, 17 April 2018, COM(2018) 226 final.
(24) Regulation of the European Parliament and of the Council on European production and preservation orders for electronic evidence in criminal matters, Council General Approach, ST 15292 2018 INIT, 12 December 2018
(25) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L295, 21.11.2018, p. 39).
(26) OJ C ….