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
Aguinaldo,Angela Hert,Paul De
Aguinaldo,Angela
Hert,Paul De
Abstract
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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2025-01
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Cambridge University Press
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Citation
Aguinaldo, A & Hert, P D 2025, 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. in V Franssen (ed.), The Cambridge Handbook of Digital Evidence in Criminal Investigations. Cambridge University Press, pp. 200-218. https://doi.org/10.1017/9781009049771.010