Zoekresultaten

… go wrong. As in algorithmic models there is a direct correlation between 18 In this paper, electronic evidence and digital evidence will be used as synonyms. The definition adopted is the one proposed by the Evidence Project (European Data Informatics Exchange Framework for Courts and Evidence) and states as follow: “Electronic evidence is any data resulting from the output of an analogue device and/or a digital device of potential probative value that are generated, processed, stored or transmitted … (Section 14[4][b][i] UK Data Protection Act 2018) The data controller must consider the request, “including any information provided by the data subject that is relevant to it”. For more on the national implementation see Malgieri (n 75). - 21 - in foreign or multiple jurisdictions.80 Recalling the example of Tea’s murder, the relevant evidence can be collected by different actors, including private companies, that may be located in different countries, such as data collected from WhatsApp81 or … lex fori. But who controls in the main proceedings if such rules have been respected? In most countries, the defence is supposed to take care of it, but what are the real possibilities if the defence does not know how the evidence was obtained in the foreign country and what the applicable rules in that country are”. 87 For instance, with regard to digital evidence, the mere process of collection of such evidence could and should be regulated following the international standards and forensic …