E-evidence regulation: Why it matters for medical confidentiality?

Electronic data has become a defining component of criminal investigations. Emails, data stored “in the cloud”, private messages – investigators increasingly seek such data, often held by private companies, as evidence for their criminal cases. This can also encompass health data. Under current legal rules, when such data is stored abroad, national law enforcement authorities need to rely on so-called “mutual legal assistance treaties” or other types of international instruments for data exchange. These processes involve a dialogue between two competent judicial authorities, which are entrusted to ensure the legality of the data transfer and the protection of fundamental rights. Read More