Eleni Kyriakides, EPIC International Counsel, recently spoke at a European Parliament hearing to discuss new proposals for law enforcement’s cross-border access to data: the U.S CLOUD Act and the European Commission’s E-Evidence package. Kyriakides analyzed the human rights implications of these proposals which authorize law enforcement to order production of data from internet companies regardless of where it is located. During the LIBE hearing on electronic evidence, Kyriakides stressed the need for added safeguards for individual rights, such as prior judicial review, data minimization, transparency, public reporting, and remedies. Kyriakides said such “well-established protections should be required for cross-border orders.” In a recent piece on the topic on blog Just Security, Kyriakides also warned: “The EU institutions should review this measure closely before amplifying the errors of the CLOUD Act and raising new problems for cross-border access to electronic evidence. Left unchanged, the Commission proposal will make a difficult situation worse.”
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