DIGITALEUROPE views on Law Enforcement Access to Digital Evidence

EXECUTIVE SUMMARY

DIGITALEUROPE as the voice of Europe’s digital technology industry expresses its willingness to work closely with the EU Institutions and policymakers as they decide how to address law enforcement access to digital evidence. We welcome that the EU Institutions have recognised that current rules and practices regarding digital evidence have created some uncertainty among customers, providers, and law enforcement authorities. As policy makers continue to investigate potential solutions, DIGITALEUROPE believes any future actions should focus on:

1. Clear rules – Agreement on the rules governing law enforcement access to data for purposes of public safety, data protection and economic growth.

2. Involve all stakeholders – Efforts of the European Institutions to improve criminal justice in cyberspace must take into account the views and rights of all stakeholders, especially individuals.

3. Modernisation of rules – The multijurisdictional nature of internet services requires the modernisation of procedures regarding one country’s access to data controlled in another country.

4. Avoid unilateral actions – Unilateral efforts to seize data across borders will undermine state sovereignty and consumer confidence, while hindering digital transformation and limiting growth.

5. Need for multilateral approaches – Multilateral approaches are necessary, and must avoid conflicting legal obligations on service providers.

6. Address inefficiencies – Failure to address current inefficiencies and the lack of clarity in the application and understanding of the law will exacerbate the problem of foreign governments bypassing the system by creating data localisation laws.

7. Avoid encryption reforms – Regulatory reforms relating to encryption should not require companies to undermine the integrity and security of products and services that customers rely on.