Understanding the French Criminal Justice System as a Tool for Reforming International Legal Cooperation and Cross-Border Data Requests

Bräutigam, Tobias ja Miettinen, Samuli (toim.): Data Protection, Privacy and European Regulation in the Digital Age, 2016

Georgia Tech Scheller College of Business Research Paper No. 2017-55

26 Pages Posted: 22 Feb 2017 Last revised: 7 Mar 2017

See all articles by Suzanne Vergnolle

Suzanne Vergnolle

Georgia Institute of Technology - Scheller College of Business; Université Paris II - Panthéon-Assas

Date Written: February 21, 2017

Abstract

In an increasingly interconnected world, where communications can happen anywhere and at any time, law enforcement agencies may need access to evidence stored overseas. To help national law enforcement agencies work together more effectively, a large number of Mutual Legal Assistance Treaties (“MLATs”) have been signed from 1970 onwards. MLATs have become an area of international dispute, with states becoming increasingly frustrated with the length and complication of the process for requesting electronic evidence. Indeed, access to evidence is a time-sensitive issue for not only the solving and prevention of crimes but also as part of the individual’s right to a fair trial.

As part of a larger project on reforming international legal cooperation, a large number of works and projects have emerged, including the Georgia Tech Cross-Border Data Requests Project of which this paper is a part. This paper begins with a description of the current French criminal process, as an example of a mature EU legal system. Then, it explains the steps required for French investigating authorities to access evidence located in the U.S. under the current MLAT rules. Finally, it illustrates that each legal system maintains different checks and balances that have to be carefully considered in reforming any multilateral legal cooperation.

Keywords: MLAT Privacy Data Protection

Suggested Citation

Vergnolle, Suzanne, Understanding the French Criminal Justice System as a Tool for Reforming International Legal Cooperation and Cross-Border Data Requests (February 21, 2017). Bräutigam, Tobias ja Miettinen, Samuli (toim.): Data Protection, Privacy and European Regulation in the Digital Age, 2016; Georgia Tech Scheller College of Business Research Paper No. 2017-55. Available at SSRN: https://ssrn.com/abstract=2921364 or http://dx.doi.org/10.2139/ssrn.2921364

Suzanne Vergnolle (Contact Author)

Georgia Institute of Technology - Scheller College of Business ( email )

800 West Peachtree St.
Atlanta, GA 30308
United States

Université Paris II - Panthéon-Assas ( email )

Paris
France

Register to save articles to
your library

Register

Paper statistics

Downloads
82
rank
292,420
Abstract Views
647
PlumX Metrics