Wednesday 22 January 2020
Area 42 Grand
Georgia Institute of Technology

Panel Description

This is a very important period for the making of legal regimes for cross border access to digital evidence. Evidence of crimes used to exist locally; today e-evidence, essential in investigating crimes, is often stored in a different jurisdiction. The US Cloud Act enables some foreign governments to access content data directly from US-based service providers, after the conclusion of bilateral agreements lifting, partially, the SCA blocking statute. The first such Agreement was signed recently between the UK and the US. However, the Cloud Act also raised the question of eventual conflicts with the GDPR. The US and the EU have started negotiations in order to conclude an agreement and avoid conflicts of laws. And this while work on the E-Evidence Regulation becomes intensive at the EU, after the recent publication of the LIBE Committee Draft E-Evidence Report.

  • What are the main proposals and features of the LIBE Committee Draft E-Evidence Report and what is the way forward for E-Evidence?
  • When does the GDPR act as a “blocking statute,” to prohibit transfers of personal data in response to requests by non-EU law enforcement agencies?
  • What is the correct interpretation of article 48 of the GDPR in this respect and how does this article relate to “the lawful bases for transfer” under Articles 45 and 46 of GDPR and to the “derogations” recognised by article 49?
  • What are the main features of the US/UK Cloud Act Agreement and what could be its influence for the ongoing US/EU negotiations?

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