On October 18, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published an opinion piece in the leading European policy outlet, Euractiv, titled “The Time is Now: Why modernising transatlantic cooperation on cross-border law enforcement access to electronic evidence should be a priority.”
The piece argues that at a time of an increased threat of cybercrime, digital fraud, disinformation, and other illicit activities online, we need a holistic discussion between law enforcement, policymakers and privacy communities to balance societal interests and individual rights.
It makes the case that the renewed negotiations for an agreement on cross-border access to electronic evidence in cross-border cases between the EU and the U.S. are a welcome and necessary step forward in preserving transatlantic data flows, providing legal consistency in this area and protecting individual rights within the context of modern law enforcement procedures. Every effort should be made to conclude such an agreement as expeditiously as possible. In addition to this op-ed, you can access CIPL’s recent white paper on data sharing between the public and private sectors, which emphasizes the need for a structured framework to facilitate data-sharing requests.