Faculty member addresses MEPs on e-evidence

Iain Mitchell QC

Mr Mitchell, a member of both the Scottish and English Bars, addressed MEPs as chair of the working party on surveillance of the Council of European Bars and Law Societies (CCBE).

The European Commission has drafted a regulation which would allow a judicial or investigating authority in one member state to serve an order on a service provider in another member state for the preservation and recovery of electronic evidence.

Giving his evidence, Mr Mitchell explained that the CCBE opposes the draft because it has no proper legal basis under EU Treaties. The CCBE also believes the draft infringes upon fundamental rights.

Mr Mitchell said: “I was pleased to have had the opportunity to place before the MEPs the very real concerns of lawyers throughout Europe about the lawfulness of the proposed measures.

“They are concerns shared by civil society organisations and data protection authorities throughout the EU. It was encouraging that the MEPs really seemed to appreciate those concerns, and I’m hopeful that the European Parliament will address them.”