The key elements of the LIBE Committee’s compromise proposal on e-evidence: a critical overview through a fundamental rights lens

Abstract

ABSTRACT This article examines the compromise proposal for a Regulation on cross-border access to electronic information in criminal matters the European Parliament Committee on Civil Liberties, Justice and Home Affairs voted in favour of in December 2020. It explores the origins of the e-evidence initiative as a whole by placing it in the context of the EU cooperation on counter-terrorism and digitalization strategy. On this basis, it presents the key elements of the compromise proposal with a focus on the envisaged function of the so-called European Production and Preservation Orders. To contribute to the ongoing debate on the suitability of that proposal compared to the one released by the Commission in April 2018, it argues that the LIBE Committee’s proposal fits better into a Union of Security and Freedom, but further improvements are needed to increase the protection of fundamental rights, given the intrusiveness of the suggested investigative measures.