e-Evidence RegulationEU 2023/1543
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Recitals

Recital 67


Recital 67

Informing the Person Whose Data Are Requested and Confidentiality Unofficial title


Since informing the person whose data are requested is an essential element as regards data protection rights and defence rights, in that it enables effective review and judicial redress, in accordance with Article 6 TEU and the Charter, the issuing authority should inform the person whose data are being requested, without undue delay, about the production of data on the basis of a European Production Order. However, the issuing authority should be able, in accordance with national law, to delay or restrict informing or omit to inform the person whose data are being requested, to the extent that, and for as long as, the conditions of Directive (EU) 2016/680 are met, in which case the issuing authority should indicate in the case file the reasons for the delay, restriction or omission and add a short justification in the EPOC. The addressees and, if different, the service providers should take the necessary state-of-the-art operational and technical measures to ensure the confidentiality, secrecy and integrity of the EPOC or the EPOC-PR and of the data produced or preserved.