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EU-USA: Assembly
on 6 November 2019 mentioned settlement on alternate of digital
proof
– together with
Life imprisonment with out assessment,
loss of life penalty and freedom of speech
7.11.19

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The European Fee produced: Word forward
of the second negotiating spherical for an EU-US Settlement on cross-border
entry to digital proof, 6 November 2019
(Restricted doc 13369-19, pdf):

The aim of the second spherical
of negotiations is to deepen the discussions on the matters mentioned
on the 25th September.

The goal is to additional discover the beginning positions of each
sides based mostly respectively on the European Union’s e-evidence
proposals and information safety laws, and the U.S. CLOUD
Act and associated laws. The European Fee’s place
absolutely displays the negotiating directives included within the addendum
to the 6 June 2019 Council Resolution. A primary assessment of discussions
will happen on the EU-US JHA Ministerial in Washington on
11 December 2019.”

The important thing points mentioned included the “classes
of knowledge” to be coated together with “each content material and
non-content information” and the “forms of offences and {criminal}
proceedings, together with each pre-trial and trial state”.

The function of judicial authorities ?

An alternate of views might be additionally
held on the service suppliers to be coated within the EU-US
Settlement. This can embrace a proof of the present protection
underneath the respective EU and U.S jurisdictions. Relating to the
competent issuing authorities the Fee will underline
that orders addressed to service suppliers in one other Celebration ought to
be issued or reviewed by a judicial authority, i.e. choose or
prosecutor. For transactional and content material information, a choose or court docket
must be concerned.
[emphasis in original]

Following the primary spherical of talks it was
agreed to make clear particular factors:

– Non-discrimination

– Life imprisonment with out assessment

– Exclusion of knowledge coated by important pursuits: “The
particular safeguards for information whose disclosure could be opposite
to the important pursuits of a Member State”.

– Loss of life penalty and freedom of speech:

– Information safety

– Different safeguards

And:

“The US has requested to
present a quick replace on the standing of the UK-US bilateral Settlement
signed on third October and revealed on the seventh October 2019.”

See: Settlement
between the Authorities of the UK of Nice Britain
and Northern Eire and the Authorities of the USA
of {America} on

Entry to Digital Information for the Goal of Countering Severe
Crime
(pdf)

Lastly, it must be remembered that the
EU has nonetheless to undertake its legal guidelines on the alternate of e-evidence.
Negotiations between the co-legislators ( the Council and the
European Parliament) haven’t began – and the parliament has
not adopted its negotiating place.

See additionally:
Fee begins negotiations with the USA on alternate of e-evidence

(Statewatch Information)

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