The majority of criminal investigations today include a transnational request to access electronic evidence, such as emails, texts or messages. In a rapidly changing online environment, investigators and prosecutors need support in developing knowledge related to the retrieval of electronic data. The SIRIUS project, jointly implemented by Eurojust and Europol, responds to this increasing need for cross-border access to e-evidence, with a specific focus on US-based online service providers (OSPs). The platform’s usefulness is reflected in an 18% increase in membership of judicial authorities in 2021, bringing the total number of representatives of the judiciary to 380.

In cooperation with Eurojust, Europol and the European Judicial Network, SIRIUS published its third annual edition of the EU Digital Evidence Situation Report in November 2021. The report shows that the volume of cross-border requests submitted by EU authorities to foreign-based OSPs increased by 27% in 2020, in comparison with the previous year, and there was a significant increase of 112% in emergency disclosure requests in 2020, compared with 2019.

 This third joint Report reflects the complexity that results from a constantly evolving digital landscape and a fragmented legal framework. It also shows how the global COVID-19 pandemic forced the EU’s judiciary to develop innovative approaches and adapt existing processes. We clearly see, as well, that our success in the fight against organised crime depends on the strength of our mutual partnerships. As long as we work together, we can strike the right balance between obtaining access to electronic evidence and upholding the fundamental rights and liberties of our citizens.

The fourth SIRIUS Annual Conference in December 2021 focused on discussing the impact of the pandemic, and on gathering electronic evidence in relation to cryptocurrencies and crypto-exchanges used in money laundering, which have become especially prevalent since the outset of the COVID-19 health crisis. As the world has embraced new technologies due to the pandemic and remote working, criminals have skilfully adapted to and exploited these developments. Accordingly, more international criminal investigations than ever depend on fast, secure and legal means of sharing electronic evidence across borders. The 2021 SIRIUS conference was attended by 785 participants from 42 countries, including law enforcement and judicial authorities, as well as representatives from the digital technology sector.

In 2021, the SIRIUS project also remained active in a number of initiatives aimed at raising awareness, as well as capacity-building efforts, targeting the judicial community in 44 countries, including all EU Member States and a growing number of third countries. Furthermore, the SIRIUS project, together with the European Judicial Network and EuroMed Justice project, among others, contributed to the second edition of the UNODC's Practical Guide for Requesting Electronic Evidence Across Borders and Model Forms on Preservation and Disclosure of Electronic Data. The Guide, complemented by the Model Forms, provides practitioners with best practice from experts in the field, examples of legal procedures, and Contact Points to assist practitioners in requesting and producing the electronic evidence needed for trial.