Netnod Responds to Proposed Changes in Electronic Evidence Gathering

Netnod agrees with the report's assessment that there is no need to amend the regulations concerning storage and adaptation obligations in the Electronic Communications Act, but has two main concerns with the proposed changes.

On 20 December 2024, Netnod was given the opportunity by the Department of Justice to comment on “Effektivare gränsöverskridande inhämtning av elektroniska bevis (SOU 2024:85)”. Netnod has two primary comments on the report.

Firstly, Netnod has strong concerns about the proposed adjustments mentioned in "Datalagring och åtkomst till elektronisk information (SOU 2023:22)" and the draft legislative referral "Datalagring och tillgång till elektronisk kommunikation (Ju2024/02286)" about which this proposal seems positive. Netnod specifically opposes harmonizing adaptation obligations for number-independent services with those for number-based services.

Secondly, Netnod notes that the underlying EU directive being transposed explicitly states in provision 5 that “today’s procedural framework needs to be better adapted to the internet age”, not that telecom era solutions should be applied to the Internet age, which would be the actual effect of the proposal. The proposal does not fully acknowledge the differences in architecture and procedure between Internet age services and telecom age solutions.

See the full answer in pdf-format below.

Electronic evidence gathering

Netnod response

Netnod full response to Electronic Evidence Gathering consultation