Activities of Annalisa TARDINO related to 2018/0108(COD)
Plenary speeches (1)
Electronic evidence in criminal proceedings: legal representatives directive - Electronic evidence regulation: European production and preservation orders for electronic evidence in criminal matters (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters
Amendments (16)
Amendment 354 #
Proposal for a regulation
Recital 42
Recital 42
(42) Upon receipt of a European Preservation Order Certificate (‘'EPOC- PR’'), the sService provider should preserve requested data for a maximum of 690 days unless the issuing authority informs the sService provider that it has launched the procedure for issuing a subsequent request for production, in which case the preservation should be continued. The 690 day period is calculated to allow for the launch of an official request. This requires that at least some formal steps have been taken, for example by sending a mutual legal assistance request to translation. Following receipt of that information, the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production.
Amendment 359 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) The data obtained on the basis of this Regulation may be of relevance also for other situations. However, the possibility to make use of the electronic information obtained through a European Production Order in other proceedings and for another purpose than the one for which the Order was issued and its transfer or transmission should be restricted. The use, transmission or transfer of electronic evidence for other purposes than the one for which it was obtained originally should only be possible where the data are needed to prevent an immediate and serious threat to public security of the respective Member State or third country as well as their essential interests. International transfer of electronic evidence is furthermore subject to conditions as set out in Chapter V of Directive (EU) 2016/680. In cases where the obtained personal data is used for the prevention of an immediate and serious threat to public security of the respective Member State or third country as well as their essential interests, and such threat could not lead to criminal investigations, Regulation (EU) 2016/679 should apply.
Amendment 361 #
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43 b) When assessing the admissibility of electronic information obtained in accordance with this Regulation, the competent judicial authorities should at any stage of the proceedings take into account the rights of the defence and the fairness of the proceedings.
Amendment 362 #
Proposal for a regulation
Recital 43 c (new)
Recital 43 c (new)
(43 c) Electronic information should not be kept for longer than necessary for the investigation or prosecution for which it was produced or preserved and for the accused or suspected person to exercise their rights or for any other compatible purpose, such as another criminal procedure. It should be erased as soon as the criminal proceedings come to a legally binding end and the electronic information is no longer relevant for any other compatible purpose.
Amendment 421 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘'establishment’' or 'being established' in this regard means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the business of providing services is carried out or a stable infrastructure from where the business is managed;
Amendment 549 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. If the Service provider has not dedicsignated a legal representative has been appointed, the European Production Order and the European Preservation Order may be addressed to any establishment of the sService provider in the Union.
Amendment 553 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the legal representative, the EPOC was initially addressed to, does not comply with an EPOC in an emergency case pursuant to Article 9(2), the EPOC may be addressed to any establishment of the sService provider in the Union.
Amendment 556 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where the legal representative does not comply with its obligations under Articles 9 or 10 and the issuing authority considers that there is a serious risk of loss of data, the European Production Order and the respective EPOC or the European Preservation Order and the respective EPOC-PR may be addressed to any establishment of the sService provider in the Union.
Amendment 630 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after 690 days, unless the issuing authority confirms that the subsequent request for production has been launched.
Amendment 690 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a 1. The electronic information obtained on basis of the instruments by this Regulation shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation, except: (a) for the purpose of proceedings for which a European Production Order could have been issued in accordance with Article 5(3) and (4); or (b) for preventing an immediate and serious threat to public security of the issuing State or its essential interests; 2. Electronic information obtained in accordance with this Regulation may only be transmitted to another Member State: a) for the purpose of proceedings for which a European Production Order could have been issued in accordance with Article 5(3) and (4); or b) for preventing an immediate and serious threat to public security of that Member State or its essential interests. 3. Electronic information obtained in accordance with this Regulation may only be transferred to a third country or to an international organisation pursuant to conditions of paragraph 2, points a) and b) of this Article and Chapter V of Directive (EU) 2016/680.
Amendment 697 #
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article 11 b Erasure of electronic information Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall be erased as soon as the criminal proceedings come to a legally binding end and the electronic information is no longer relevant for any other compatible purpose.
Amendment 703 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Without prejudice to national laws which provide for the imposition of criminal sanctions, Member States shall lay down the rules on pecuniary sanctions applicable to infringements of the obligations pursuant to Articles 9, 10 and 11 of this Regulation and shall take all necessary measures to ensure that they are implemented. The pecuniary sanctions provided by in national laws of the Member State for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 708 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. If the addressee does not comply with an EPOC within the deadline or with an EPOC-PR, without providing reasons accepted by the issuing authority, the issuing authority may transfer to the competent authority in the enforcing State the European Production Order with the EPOC or the European Preservation Order with the EPOC-PR as well as the Form set out in Annex III filled out by the addressee and any other relevant document with a view to its enforcement by any means capable of producing a written record under conditions allowing the enforcing authority to establish authenticity. To this end, the issuing authority shall translate the Order, the Form and any other accompanying documents, if not already provided, into one of the official languages of this Member State and shall inform the addressee of the transfer.
Amendment 711 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the enforcing authority recognises the Order, it shall formally require the addressee to comply with the relevant obligation, inform giving the addressee of the possibility to oppose the enforcement by invoking the grounds listed in paragraphs 4 or 5, as well asopportunity to explain why he did not comply with the EPOC or EPOC-PR, and informing him about the applicable sanctions in case offor non- compliance, and set a deadline for providing any additional information, compliance or opposition.
Amendment 713 #
Proposal for a regulation
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. The addressee may only oppose theRecognition or enforcement of the European Production Order may only be denied on the basis of the following grounds:
Amendment 714 #
Proposal for a regulation
Article 14 – paragraph 4 – point c
Article 14 – paragraph 4 – point c
(c) the addressee could not comply with the EPOC because of de facto impossibility or force majeure, or because the EPOC contains manifest errors;