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The EU and Access to Electronic Evidence: Privatisation of Law Enforcement?

  • 2022
  • OriginalPaper
  • Chapter
Published in:
Author
Tatiana Tropina
Published in
Cybersecurity Policy in the EU and South Korea from Consultation to Action
Publisher
Springer International Publishing

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Abstract

The chapter delves into the complexities of cross-border access to electronic evidence, highlighting the growing demand for quick access to data in criminal investigations and the limitations of traditional mutual legal assistance mechanisms. It analyzes three key instruments—the US CLOUD Act, the EU E-Evidence proposals, and the Second Additional Protocol to the Budapest Convention—and their potential impacts on international cooperation and fundamental rights. The author argues for a balanced approach that enhances existing frameworks rather than circumventing them, emphasizing the importance of maintaining scrutiny and protecting fundamental rights in the digital age.
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previous chapter Enhancing Cooperation Between South Korea and the EU in the Fight Against Cybercrime
next chapter Recent Trends in UN Cybersecurity Governance and South Korea-EU Cooperation
Title
The EU and Access to Electronic Evidence: Privatisation of Law Enforcement?
Author
Tatiana Tropina
Copyright Year
2022
Book
Cybersecurity Policy in the EU and South Korea from Consultation to Action

Print ISBN: 978-3-031-08383-9

Electronic ISBN: 978-3-031-08384-6

Copyright Year: 2022

DOI
https://doi.org/10.1007/978-3-031-08384-6_11
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