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Parliamentary questions
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4 November 2019
Question for written answer
to the Commission
Rule 138
Christine Anderson
 Answer in writing 
 Subject: Direct transnational access to personal data under a regulation on electronic evidence

Parliament is discussing Commission and Council proposals for a planned regulation on electronic evidence.

Under it, the law enforcement authorities of a Member State (issuing state) would be able directly to compel providers established in another Member State (enforcing state) to produce data relating to their customers within 10 days (or, in an emergency, within six hours). In the event of non-compliance, providers would be liable to sanctions amounting to up to 2% of annual worldwide turnover.

The enforcing state would not be required to verify the legality of the order and would be unable to oppose it; in the event of non-compliance, that state would have to impose a sanction on the provider concerned and enforce it. The act under investigation would not have to be a criminal offence in both states. Providers established in third countries where the act in respect of which a prosecution was to be brought was not a criminal offence could also be required to produce data if they offered their services in the EU.

To what extent can it be ensured in this connection that persons bound by professional secrecy, immunities and rights to decline to give evidence would be protected?

To what extent can it be ensured in this connection that investigating authorities from other Member States would not able to obtain data from, for example, Germany under conditions that would be less stringent than those applicable to German authorities?

What makes the Commission certain that the regulation is necessary?


(1) This question is supported by Members other than its author: Nicolaus Fest (ID), Markus Buchheit (ID).
Last updated: 25 November 2019Legal notice