Case law is expanding the legal landscape for digital evidence. It’s all causing greater uncertainty and presenting economic challenges to digital service providers as they navigate the competing interests of national jurisdictions, client needs, and, often, the clash of laws with the same state. The question is often reduced to ‘Where is the data stored?’ or ‘Who has control of the data?’ – even then, the courts are not reading from the same book.

‘Digital Evidence – Europe’s Fragmented Crime Scene’

Watch our other sections from this Digital Evidence event:
Part One: Digital Sensitivity
Part Two: Legislative Proposal
Part Three: The Skype Case
Part Four: Council of Europe
Part Five: Reciprocity
Part Six: Due Process
Part Seven: Court Interventions
Part Eight: Economic Damage
Part Nine: Trusting Partners
Part Ten: Reaction Speed

Joining EURACTIV Reporter, Brian Maguire, an expert panel discussed Europe’s digital evidence dilemma, in advance of the European Commission’s legislative proposal, expected in January. Panellists also participated in a question and answer session with the studio audience. The high-level panel in this programme segment, features:

Cathrin Bauer-Bulst
Deputy Head of Cybercrime Unit at the EU Commission - DG Migration & Home Affairs

Prof. Dr. Vanessa Franssen
Assistant professor at University of Liège; Affiliated Senior Researcher at KU Leuven

John Frank
Vice President of EU Government Affairs, Microsoft

Markko Kunnapu
Adviser, Criminal Policy Department, Estonian Ministry of Justice

With thanks to:
- John Frank, Vice President EU Government Affairs, Microsoft
- The Microsoft Team
- The Estonian Presidency of the European Union

Background
The fight against crime has increasingly required the collection of digital evidence across borders, but prevailing rules of international legal assistance are not suited for the digital age.

The economic impact of cyber-crime rose fivefold from 2013 to 2017, and the European Commission believes it could rise by a factor of four by 2019. 87% of Europeans regard cyber-crime as an important challenge to the EU's internal security.

The European Council has requested a legislative proposal to modernize the EU framework in this area, and a transatlantic agreement is also needed.

However, the current state of the law causes confusion and mistrust This mistrust has a clear impact on law enforcement, data protection, and digital economy interests of Europe.

свернуть