The intelligence agencies and security agencies have it not always easy: A criminal in the sights and then he escapes, because the information has spread across different countries just took too long. You can imagine that such a mishap does not go down well. Therefore, the risk should now be abolished: If it goes after the EU, digital evidence in the future much faster. No matter where they are. A project that, of course, has brought sharp critics to the scene ...
Currently 120 days to 10 months wait
Months of waiting for important digital evidence is not necessarily optimal. And indeed, a transnational query in Europe can currently (still) take 120 days to 10 months. Clearly too long to make sense of serious crimes. Instead of this extra-long deadline, companies operating in Europe should, according to the EU proposal, provide data (e-mails, etc.) within ten days. And if it's an emergency, even within six hours. EU Justice Commissioner Věra Jourová said in a press release: "While many criminals use the most modern and fastest technologies, law enforcement agencies have to deal with outdated, cumbersome procedures." She's right, of course. How often is it criticized that police & co operate too slowly. However, if they are not allowed to use the most modern tools, unnecessary stones are put in their way. Here you will find the original EU proposal.
So far, the so-called mutual legal assistance agreements regulate the transfer of such data. But as already written above, the passing on often took a lot or too long. This is also due to the fact that in today's times of terrorism & Co, the inquiries are becoming more and more.
Second new arrangement to prevent data deletion
If so, because already: The EU gets straight to the round-robin, in order to solve the problem completely. In addition to this "European template arrangement", the new "European data storage arrangement" should prevent the deletion of data. And what about privacy, you mean? Both orders are only valid in criminal proceedings, there must be appropriate conditions (ie severity of the crime, etc.). In addition, the whole thing is settled at the highest level, so simply need communication service providers, ISPs or even cloud providers sensitive data then again not give out. In any case, if content data is requested, a judge must be involved in the process, and in the case of data at least one prosecutor. That's the plan.
Could companies unjustifiably publish our data?
When it comes to serious crimes, that's certainly a good thing. However, critics fear that these arrangements will open the door to abuse: Maryant Fernández Pérez of the digital civil rights organization EDRi, for example, says: "States have legal obligations to respect and defend the fundamental rights of their citizens, companies do not have these obligations. "In fact, businesses could easily always issue data, no matter if it's a justified arrangement. If then just data from citizens are published, the thing does not look good, because this is of course not lawful. As a solution to this security vulnerability, EDRi mentions the improvement of existing mutual legal assistance agreements.
Critics are also coming from the Greens: "The central problem here is the sawing of the basic principle of the territoriality of executive power and the associated rule of law," said Ralf Bendrath, member of staff of MEP Jan Philipp Albrecht. As a result, other states such as China or Turkey could use these rights. Who knows what comes out ... At any rate, we are curious whether the EU can enforce its proposals.