The Hague, 28 November 2024
Eurojust, Europol and the European Judicial Network have published the 2024 edition of the SIRIUS European Union (EU) Electronic Evidence Situation Report.
First presented at the SIRIUS Annual Conference to an audience of EU law enforcement and judicial authorities, policymakers, and representatives of service providers, the report reflects on the evolving legislative framework and the growing reliance on electronic data in criminal investigations, while highlighting the persistent barriers to effective cooperation in accessing electronic data across borders for investigation and prosecution of crimes.
While new legislative initiatives such as the EU Digital Services Act, the EU Electronic Evidence legislative package and the Second Additional Protocol to the Budapest Convention on Cybercrime signal progress, the process of accessing cross-border digital evidence across borders remains complex. Judicial cooperation remains slow and cumbersome, while voluntary cooperation with service providers, though faster, lacks legal certainty.
From the perspective of law enforcement, Single Points of Contact (SPoCs) continue to play a crucial role in improving compliance rates with requests for data and facilitating faster exchanges. The report also highlights the growing importance of training for EU law enforcement on electronic evidence, though structural challenges remain, particularly around lengthy judicial cooperation processes and fragmented company policies.
For judicial authorities, the introduction of the EU Electronic Evidence legislative package is expected to provide more efficient tools for cross-border data access, enhancing their ability to gather and retain vital electronic evidence. However, concerns persist over the lack of an EU-wide data retention framework, which could lead to the loss of critical information needed for investigations.
The report also includes the perspective of service providers, who have seen an increase in data requests but note improvements in public-private cooperation. Key challenges, such as overly broad data requests and misunderstandings about their services, are highlighted as issues that can be addressed through better communication and educational efforts. Service providers, in particular, are focused on and eagerly welcome the upcoming implementation of new EU laws.
In light of these findings, the report concludes offering key recommendations for stakeholders, urging EU law enforcement and judicial authorities to enhance training and prepare for upcoming legislative changes. Service providers are encouraged to engage proactively with the SIRIUS Project and prepare for compliance with the new regulations.
The 2024 EU Electronic Evidence Situation Report, based on direct exchanges with key stakeholders, serves as an essential resource for all stakeholders, public and private, navigating the evolving landscape of cross-border access to electronic evidence in the EU. Building on its existing expertise, the SIRIUS Project will continue to support the daily efforts of law enforcement, judicial authorities, and service providers during its third phase, set to begin next year, while also keeping policymakers informed about the persistent challenges they face.
Source – Eurojust