Διασυνοριακή πρόσβαση στις ψηφιακές αποδείξεις και το σχέδιο κανονισμού e-Evidence

Τοπαλσάββα, Μαρία

Master Thesis

Author

Τοπαλσάββα, Μαρία

Date

2022-11

Abstract

Today, criminal acts can be carried out rapidly over the Internet from the farthest corners of the globe and develop their criminal effects in many countries simultaneously. At the same time, electronic evidence that could lead to the discovery of the perpetrator or prove his guilt can be stored anywhere in the world. Thus, the cooperation of the Law Enforcement Authorities of all the countries of the world becomes more necessary than ever to deal with Cybercrime. Currently, the provisions of the International Cybercrime Convention are applicable to access to electronic evidence worldwide. At European Union (EU) level, the main "tool" of the Authorities is the European Investigation Mandate. However, the majority of internet companies - "giants" are based in the United States of America (USA). A Mutual Legal Assistance Agreement has been signed between the EU and the US since 2003 and has been implemented since 2010. Finally, the large volume of requests for assistance from European authorities to the US and the need for faster access to electronic evidence, mainly due to their volatile nature, have created a new model of cooperation: US law allows Service Providers to work directly with the Law Enforcement Authorities of other States, such as the EU States, but with some significant limitations. The need to establish effective institutions for cross-border co-operation, particularly in the field of electronic evidence in criminal matters, has recently led to intense discussions and negotiations, both at European and global level. On 17 April 2018, the Commission adopted two legislative proposals: the Proposal for a Regulation on the European Submission Mandate and the European Mandate for the Keeping of Electronic Evidence in Criminal Matters and the Proposal for a Directive establishing harmonized rules for the appointment of legal representatives for the purpose of appointing legal representatives. evidence in criminal proceedings, which complements the above Regulation. Developments in the field of electronic evidence in criminal cases 6 preceded in the USA, where on March 23, 2018, the United States Congress passed the Clarifying Lawful Use of Overseas Data (CLOUD) Act, to clarify the legal use of data in the United States. abroad. Among other things, this law authorizes the US executive to enter into agreements with foreign governments, according to which foreign governments can gain quick access to the data, which is kept within the territory of the USA. Thus paved the way for the start of negotiations between the US and the EU for the signing of a Mutual Assistance Agreement in the field of electronic evidence in criminal cases, negotiations, which officially began on June 6, 2019. Finally, globally, the same The European Council today authorized the European Commission to negotiate on behalf of the EU the Second Additional Protocol to the Council of Europe Convention on Cybercrime

Postgraduate Studies Programme

Δίκαιο και Τεχνολογίες Πληροφορικής και Επικοινωνιών (MSc in Law and Information and Communication Technologies)

Department

Σχολή Τεχνολογιών Πληροφορικής και Επικοινωνιών. Τμήμα Ψηφιακών Συστημάτων

Number of pages

100

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/14773
http://dx.doi.org/10.26267/unipi_dione/2195

Collections

Τμήμα Ψηφιακών Συστημάτων

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Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα