BCL partner, Julian Hayes and Stefanie Schott of Kipper+Durth (Germany) act as Rapporteurs for the European Criminal Bar Association (ECBA), responding to proposed European Commission legislation on cross-border gathering of e-evidence.
The proposal, still to be approved by the EU parliament, would bypass existing cross-border co-operation measures, granting new powers to national law enforcement agencies to obtain data from overseas service providers, and raising concerns about the adequacy of safeguards for data subjects.
Julian specialises in corporate and financial crime, surveillance and data protection law. He advises individuals and corporates in relation to fraud and corruption investigations by the SFO, enforcement actions by the FCA (insider dealing and market abuse) and offences under the customs and excise legislation prosecuted by HMRC. As well as expertise in relation to computer misuse offences, Julian also specialises in providing advice to Communication Service Providers and others in relation to their obligations under the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Data Protection Act 1998 and associated Codes of Conduct.