E-Evidence: EU and Germany create facts when exchanging cloud data

The Federal Office of Justice already uses iSupport, a system based on the new European network architecture "E-Codex" (e-Justice Communication via Online Data Exchange). The "Orbit" technology used by the authorities for the mutual recognition of monetary sanctions between individual member states is also planned to be linked to the network for the communication and information exchange between member states. The Office is thus participating in a system that will also be used to retrieve electronic evidence from the cloud in the future.

The Federal Government apparently assumes that such a cross-border exchange of e-mails or chat messages from the Cloud E-Codex and a related E-Evidence Digital Exchange System is possible and probably also organized about it. This writes the Federal Ministry of Justice in a now published answer to a request of the Left Party in the Bundestag.

The technical preparatory work is spicy, as the "E-Evidence Regulation" proposed by the EU Commission for the access to "evidence" in the cloud is still being worked on, the European Parliament is currently correcting the original draft. Under the title Evidence2E Codex In addition, there is already an EU research project coordinating the Institute of Legal Information Theory and Techniques (ITTIG) in Florence. The project partners include Interpol. The goal is to accomplish the "actual exchange" of digital or scanned evidence using E-Codex.

Overall, the EU creates facts about a power that does not yet exist. The E-Evidence Digital Exchange System is scheduled to be launched in 2020, but is initially determined solely for the exchange of European investigation orders without further data.

The Federal Government also supports "unreservedly" by its own admission that the Commission is already negotiating with the US on a bilateral access agreement before the European Parliament has agreed on its position. On the other hand, there are "no primary concerns". In July, the Commission promised to take into account the results of the trilogue on the e-evidence dossier in the transatlantic talks. However, this compromise search between EU Member States and MEPs can not be expected before spring.

The UK has already unilaterally signed a bilateral agreement to exchange electronic evidence with the US this autumn. However, the Ministry of Justice does not want to comment on whether German nationals are also covered if they are on British territory or British nationals in Germany.

For the left-wing member of parliament Andrej Hunko London injured so the EU treaties and the data protection basic regulation (DSGVO). He therefore calls on the Commission to initiate infringement proceedings against Great Britain. In general, he considers it "unacceptable that an authority may request personal information from a provider in another EU Member State if it has criminal liability only in the issuing State". The Commission also grossly disregarded the EU Parliament by already negotiating with Washington on further access rights.


. (tagsToTranslate) Cloud Computing (t) Privacy (t) E-Codex (t) EU (t) Law Enforcement (t) iSupport