On June 7, 2017 the European Commission (“EC”) confirmed that it intends to introduce legislation to enhance law enforcement officials’ abilities to gather cloud-based data from major technology companies across the European Union (“EU”).
EU Justice Commissioner Vera Jourova spoke to Reuters regarding the EC’s announcement. The EC, which functions as the EU’s independent executive arm, is proposing new laws for adoption by the Parliament and the European Council and will present to the EU Ministers three options for increased data collection measures. Jourova’s announcement of the EC’s intentions to enhance law enforcement data collection kicks off the process for these measures to eventually become law.
The first and least intrusive proposed legislative option “involves allowing law enforcement authorities in one member state to ask an IT provider in another member state to turn over electronic evidence, without having to ask that member state first.” Under the second option, companies would be “obliged to turn over data if requested by law enforcement authorities in other member countries.” This would alter the current process whereby information stored in one nation must be collected by law enforcement officials of that nation, and then turned over to other countries in the EU.
The third and most intrusive option would allow officials direct access to cloud data, an option that “could be envisaged in situations where authorities do not know the location of the server hosting the data or there is a risk of the data being lost.” According to Jourova: “[T]his third option is kind of an emergency possibility which will require some additional safeguards protecting the privacy of people.” Such safeguards may include requiring that the law enforcement data request must be “necessary and proportionate.”
Technology companies have already come forward to raise concerns regarding these proposed legislative options. Access to cloud data has been debated in Europe, with technology companies seeking to protect their data and law enforcement frustrated by the slow process of acquiring it. Jourova believes that the EU may soon take a stronger stance, given that “in the shadow of the recent terrorist attacks and increasing threats in Europe there will be more understanding among the ministers.”
The EU justice ministers are reportedly discussing these legislative proposals, as well as the “types of data that could fall within the scope of the law.” The EC’s Justice and Home Affairs Council met on June 8 and 9, 2017 in Luxembourg. A proposal from the EU executive is expected in late 2017 or early 2018.
