Warning for small firms on ‘demanding’ e-evidence
The head of an Irish legal-technology firm says that hundreds of Irish service providers may be unaware that they can now be legally required to respond to requests for electronic evidence from police and judicial authorities across Europe.
Maureen King (chief executive and founder of iTrust 6A) was speaking as a new EU e-Evidence Regulation comes into force today (18 August).
The regulation introduces a harmonised legal framework that allows police and judicial authorities across the EU to obtain electronic evidence directly from service providers in other member states, significantly streamlining cross-border investigations.
Legislation establishing a new office of Director of Criminal Justice International Cooperation to allow Ireland to meet the regulation’s requirements was enacted last month, while Helen Martin was subsequently named as the first director of the office.
Obligations
King describes the implications as “particularly significant” for Ireland, which hosts many of Europe's largest technology companies and cloud-infrastructure providers.
“The large multinational tech companies have been preparing for this for some time, but many smaller providers may not even realise these obligations now apply to them,” the tech firm’s chief executive states.
King, who has more than 20 years' experience in the telecommunications sector, has provided expert evidence in hundreds of criminal trials and has been cross-examined on matters relating to competing rights, legality, necessity, and proportionality.
Timely access ‘critical’
“This isn't just a compliance issue. Businesses need processes, governance, and technology to respond securely to legally binding requests within as little as eight hours in emergency cases,” she warns.
“Timely access to electronic evidence is often critical in life-threatening emergencies and can make the difference between justice being served and justice being denied,” adds King.
“Ireland has become a cornerstone of Europe's digital economy; it is now becoming a cornerstone of Europe's justice infrastructure as well,” she states.
‘Hundreds of thousands’ of orders
Minister for Justice Jim O'Callaghan said recently that more than 600 service providers could designate an addressee in Ireland under the new framework, with potentially hundreds of thousands of production orders expected each year.
According to the European Commission, around 85% of criminal investigations now involve electronic evidence, while 65% of those investigations require evidence held in another EU member state.
Failure to comply with the regulation can result in enforcement action – including penalties of up to 2% of global annual turnover.
“All businesses, especially those providing online services, should assess their obligations now, not when a legal order lands on their desk”, says King.
“Organisations in scope will need to designate an addressee to receive and respond to requests, and ensure they have the necessary people, processes, and technology in place to comply with demanding response deadlines,” she concludes.