Dissecting EU electronic evidence

Klaus Landefeld

Playlists: '37c3' videos starting here / audio

The EU "e-evidence" regulation is a critical piece of new legislation directly affecting all EU citizens. Proposed in 2017, it has been completed in 2023 as has since become law, mandating a more or less direct, cross border access to all sorts of stored information by law enforcement. I will be addressing
how individuals are affected and how the release of e-evidence works technically. Who are the actors? Which types of information can be requested? How are individual rights protected?

Having worked on the cross border e-evidence dossier since it's inception in 2017, the talk aims to present an insider view on the proposed procedures and legal protections, the scope of the obligation on industry to promptly provide information to law enforcement as well as the status of the proposed technical implementation including the proposed authentication and encryption of requests as well as the response data provided.

As an industry representative participating in the official EU e-evidence implementation task force I am going to take a look at the current, up to date status of the proposed implementation as well as the numerous grey areas to still be addressed both legally as well as technically to make the e-evidence dossier even remotely workable/acceptable for all parties concerned.


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