Service providers and electronic evidence collection

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Authors

STUPKA Václav SZABÓ Juraj

Year of publication 2022
Type Article in Periodical
Magazine / Source Jusletter IT. Die Zeitschrift für IT und Recht
MU Faculty or unit

Faculty of Informatics

Citation
Web https://www.weblaw.ch/jusletter-it/en/issues/2022/30-Juni-2022/service-providers-an_6c264ba74f.html__ONCE&login=false
Doi http://dx.doi.org/10.38023/44f4c82a-d2e3-40dd-864f-b620f1b70d1d
Keywords electronic evidence; criminal proceedings; evidence admissibility; evidentiary value; ISP compliance
Description This paper deals with cooperation between information service providers and law en-forcement authorities. LEA's increasingly demand electronic evidence from the ISP's for criminal investigations and the amount of these requests will likely increase with the im-plementation of the proposed European legislation on electronic evidence. This paper focuses on the analysis of current Czech and European legislation, practical implementa-tion of procedural rules, and deals with problems that may negatively affect the quality of criminal investigation and cause unnecessary burdens on ISP's. The aim of this paper is to propose a set of compliance measures and procedures through which ISPs could prevent these problems.
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