Book contents
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
8 - Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms
from Part I - Collecting Digital Evidence
Published online by Cambridge University Press: 02 January 2025
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
Summary
Chapter 8 discusses the recent development within the Council of Europe – the Second Additional Protocol to the Cybercrime Convention – which provides the legal framework that legitimises unilateral cross-border access to digital evidence in criminal matters. While the Second Additional Protocol is innovative in terms of its law enforcement mechanisms vis-à-vis digital evidence, it is incomplete regarding its protective safeguards against the risks of abuse, as well as the extent to which it addresses rudimentary issues such as jurisdiction, data protection provisions, etc. This chapter pushes the idea that these non-negotiables should be addressed and the loose ends tied up.
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- Publisher: Cambridge University PressPrint publication year: 2025