E-Evidence : The Way Forward

on the September 25, 2019

The Grenoble Alpes Data Institute will hold an academic workshop, “E-Evidence: The Way Forward,” on the topic of cross-border access to electronic evidence in Brussels on 25th September 2019. This event, held in cooperation with the Cross Border Data Forum and Microsoft, is organized by Professor Theodore Christakis and will take place in Microsoft’s offices (Rue Montoyer 51, 1000 Brussels).
The goal of the workshop is to provide a convening space for European researchers and experts working on these issues to advance thinking about the challenges in the domain of government access to digitally stored data. At the meeting, the participants will be invited to examine the recent legislative developments, especially the E-Evidence proposal currently under discussion in the European Parliament and the negotiations for an EU/US Agreement on cross-border access to electronic evidence that have just started.
To kick off the workshop, Ms Birgit Sippel, MEP and Rapporteur for the E-Evidence package will give an introductory speech about the EU Parliament’s view on E-Evidence. The workshop will then be divided in three sessions discussing successively how E-Evidence could affect the relations between EU Members States, the relations with individuals, business and organisations and the relations with third States. The academics’ workshop will be followed by an open session where the academics will be able to share their thoughts and discuss with representatives of EU Institutions, NGOs and industry. A detailed agenda with the main topics to be discussed appears below followed by a list of confirmed participants. Please note that this event is by invitation only.

12h30-13h30: Welcome lunch - Introductory Speech by MEP Ms Birgit Sippel : “E-Evidence: Views from the European Parliament”

13h45-17h Academic's Workshop

13h45-14h45: Session 1: E-Evidence and the Relations Between EU Member States
Topics to be discussed include: Mutual trust and its limits. How to address rule of law issues in some EU Member States? What is the proper role for the issuing State? Should we introduce an obligation of notification and a power of other Member States to review an order and to object to it? If yes, which State should have such a power? the enforcing State? the State of residence of the targeted individual? Both?...

14h45-15h45: Session 2: E-Evidence, Citizens and Organizations: Which Protections/Safeguards/Remedies?
Topics to be discussed include: which are the main human rights/data protection issues and risks? Which are the substantive protections to introduce in E-Evidence? Which are the necessary procedural requirements, safeguards and remedies? And what should be the role of service providers in this field?...

15h45-16h00: Coffee Break

16h00-17:00 Session 3: E-Evidence and Third States: Resolving Conflict of Laws and Negotiating International Agreements
Topics to be discussed include: Is there an extra-territorial reach of E-Evidence? How could E-Evidence affect third countries? Which are the mechanisms of resolution of conflicts of laws in the initial proposal by the EU Commission and the EU Council’s draft and which is the best approach? What are the prospects of conclusion of an EU/US Agreement? How could the conditions and safeguards introduced by the Council in the negotiation mandate be implemented in practice?...

17h00-19h00 Open Session: Discussing the Workshop's Conclusions With the Institutions, the Industry and NGOs

Participants list:

-    Petra Bard, Central European University (Hungary)
-    Moisés Barrio, University Carlos III (Spain)
-    Heidi Beate Bentzen, University of Oslo (Norway
-    Raphael Bossong, Stiftung Wissenschaft und Politik (Germany)
-    Dominik Brodowski, University Saarbrücken (Germany)
-    Christoph Burchard, Goethe University Frankfurt (Germany)
-    Theodore Christakis, Université Grenoble Alpes (France) - organizer
-    Charlotte Conings, University of Leuven (Belgium)
-    Paul De Hert, Vrije Universiteit Brussel (Belgium)
-    Alexander Dix, European Academy for Freedom of Information and Data Protection (Germany)
-    Michele Dubrocard, European Parliament
-    Anze Erbeznik, European Parliament
-    Vanessa Franssen, University of Liège (Belgium)
-    Mona Giacometti, UCLouvain (Belgium)
-    Emily Johnson, Universität Wien (Austria)
-    Eleni Kosta, Tilburg University (The Netherlands)
-    Christopher Kuner, Vrije Universiteit Brussel (Belgium)
-    Arkadiusz Lach, Copernicus University of Torun (Poland)
-    Ricard Martinez, University of Valencia (Spain)
-    Sakari Melander, University of Helsinki (Finland)
-    Duris Nicholsonova, European Parliament
-    Michele Simonato, European Parliament
-    Birgit Sippel, European Parliament
-    Peter Swire, Georgia Tech (USA)
-    Stanislaw Tosza, Utrecht University (The Netherlands)
-    Emilia Vavrekova, European Parliament
-    Ian Walden, Queen Mary University of London (United Kingdom)

Published on September 24, 2019