Crime fighting in Europe and across the Atlantic increasingly relies on the possibility for law enforcement actors to gather electronic information held by providers of cloud and telecommunication services. In the digital age, access to data sought in the framework of a criminal investigation often entails the exercise of prosecuting powers over individuals and material that fall under another jurisdiction.
Mutual legal assistance treaties, and the European Investigation Order allow for the lawful collection of electronic information in cross-border proceedings. These instruments rely on formal judicial cooperation between pre-identified competent authorities in the different countries concerned by the investigative measure. By subjecting foreign actors’ requests for data to domestic independent judicial scrutiny, they guarantee that the information sought during an investigation is lawfully obtained and admissible in court.
Original languageEnglish
PublisherCenter for European Policy Studies (CEPS)
Commissioning bodyEuropean Commission
Number of pages70
Publication statusPublished - 2019

Publication series

NameCEPS Papers in Liberty and Security

ID: 45449448