e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 48


Recital 48

Consulting the Enforcing State on Immunities and Privileges Unofficial title


Where the issuing authority seeks to obtain traffic data, except for data requested for the sole purpose of identifying the user as defined in this Regulation, or to obtain content data, by issuing a European Production Order and has reasonable grounds to believe that the data requested are protected by immunities or privileges granted under the law of the enforcing State, or that those data are subject in that State to rules on determination and limitation of criminal liability relating to freedom of the press and freedom of expression in other media, the issuing authority should be able to seek clarification before issuing the European Production Order, including by consulting the competent authorities of the enforcing State, either directly or via Eurojust or the European Judicial Network.