The interaction between the digital world and the justice agenda was a key agenda item at the recent Justice Council 11-12 October 2018 summit in Luxembourg, Minister Charlie Flanagan said.
Speaking after the 12 October summit, the Minister said that e-evidence is of particular importance for the Irish economy, when so many global digital firms have chosen Ireland as their EU base.
In April, the EU Commission proposed new rules in the form of a Regulation and a Directive, which will make it easier and faster for police and judicial authorities to access electronic evidence.
“The proposal is revolutionary, requiring a leap of faith in the same way that the European Arrest Warrant did some years ago,” the Minister said.
More than half of all criminal investigations now involve a cross-border request to access electronic evidence such as texts, e-mails or messaging apps.
Under the planned European Production Order, a judicial authority in one member state can obtain electronic evidence (such as emails, text or messages in apps, as well as information to identify a perpetrator) directly from a service provider within 10 days, and within 6 hours in cases of emergency.
This compares to up to 120 days for the existing European Investigation Order or an average of 10 months for a Mutual Legal Assistance procedure.
The planned European Preservation Order will allow a judicial authority to request preservation of specific data.
Designated EU legal representative
All service providers will also be obliged to designate an EU legal representative for compliance with, and enforcement of, decisions and orders, even if their headquarters are in a third country.
The director of the Fundamental Rights Agency Michael O’Flaherty is developing data to support evidence-based policies to safeguard fundamental rights, the minister said.
“We are anxious to ensure that an appropriate balance is struck between the needs of all of individuals, judicial authorities, and the companies involved.
“At the meeting it was clear that the majority of member states are supportive in principle, with further discussions required on some of the practicalities,” the minister said.