21–23 Jun 2021
Europe/London timezone

Transatlantic e-evidence sharing and data protection: a conlficting vision or functional cooperation?

21 Jun 2021, 09:00

Description

How do the EU and the US cooperate on the issue of criminal justice in cyberspace and in particular on the sharing of e-evidence? Given that the digital environment is ubiquitous in our lives, digital evidence is now crucial for most criminal investigations. However, data is often stored in multiple countries and jurisdictions, which creates problems when it comes to the cross-border sharing of this data. This paper looks at the EU-US cooperation on criminal justice in cyberspace and in particular at the issue of e-evidence sharing. The key research question is: how do the two organisations cooperate on this policy area, given the inherent complexity of the issue (data in different jurisdictions), the well-known differences between the EU and the US on data protection, and the complexities stemming from the multi-level governance of the EU? Moreover, the paper explores whether and how the actors try to reconcile any differences they may have, reaching compromises and establishing functional forms of cooperation.

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