<abstract xmlns="http://www.w3.org/1999/xhtml"><p>In a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a thorough criminal investigation and the correct resolution of a large number of criminal cases. The collection of information stored by cloud and telecommunication service providers for criminal prosecution purposes inevitably addresses issues of personal rights and freedoms. The CJEU has clarified that any restriction on the right to private life and data protection must be consistent with the requirements of legality, necessity and proportionality provided for in EU law. This study analyzes the compliance of the latest EU legislative instruments on a transnational collection of electronic data tothe European human rights standards and the principles of criminal justice.</p></abstract>

In a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a thorough criminal investigation and the correct resolution of a large number of criminal cases. The collection of information stored by cloud and telecommunication service providers for criminal prosecution purposes inevitably addresses issues of personal rights and freedoms. The CJEU has clarified that any restriction on the right to private life and data protection must be consistent with the requirements of legality, necessity and proportionality provided for in EU law. This study analyzes the compliance of the latest EU legislative instruments on a transnational collection of electronic data tothe European human rights standards and the principles of criminal justice.

Legal Balance between the Human Rights Protection and the Effectiveness of the Criminal Investigation

“Neofit Rilski” South-West University

International conference KNOWLEDGE-BASED ORGANIZATION

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

In a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a...

Legal Balance between the Human Rights Protection and the Effectiveness of the Criminal Investigation

Published Online: Jul 20, 2020

Page range: 255 - 261

DOI: https://doi.org/10.2478/kbo-2020-0086

Keywords
privacy, data protection, criminal investigation, electronic evidence, legal balance

© 2020 Ralitsa Voynova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Legal Balance between the Human Rights Protection and the Effectiveness of the Criminal Investigation

Published Online: Jul 20, 2020

Page range: 255 - 261

DOI: https://doi.org/10.2478/kbo-2020-0086

Keywordsprivacy, data protection, criminal investigation, electronic evidence, legal balance

© 2020 Ralitsa Voynova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
privacy, data protection, criminal investigation, electronic evidence, legal balance