An article written by IAPP Westin Fellow Luke Fischer examines the new EU Regulation 2023/1543, known as the electronic evidence (e-Evidence) package. It comprises a regulation with internal rules on law enforcement data access and a directive with compliance requirements for service providers receiving production and preservation requests. Fischer explains that the e-Evidence package is a significant step towards improving criminal justice in cyberspace. It enables law enforcement from one state to directly access private data located in another jurisdiction without the need for a government intermediary. This development comes after several attempts to simplify government access to e-Evidence in cross-border investigations and prosecutions were impeded by jurisdictional and logistical concerns.
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