EIO-LAPD partners from University of Maribor and Jožef Stefan Institute have published an article in the 5th number of the Journal for Commercial Labour and Social Law, Volume 289, indexed by Worldwide Political Science Abstracts (WPSA).
The article is dealing with the EIO Directive and the problems appearing in collecting cross border electronic evidence. It is a contribution from the work carried within the dissemination part of the EIO LAPD project. The article provides an exhaustive discussion and comments about important problems in the today’s interconnected society and crime investigation implemented with use of the EIO instruments. Based on a survey on a complex sample of legal practitioners from different institutions and different EU Member States, the paper presents and discusses the problem of cross-border e-evidence gathering. Crime investigation is highlighted from new perspective addressing the required competence and skills that involves good understanding of the international regulation and digital technology, as well as the problem of data categorization and fragmentation of the legal systems in EU that delay the effective use of EIO.
The paper enables the reader to receive an insight in the current international legal framework for crime investigation in cases that are not limited to only one country addressing the problems of e-evidence collection in the current digital and interconnected world. The new instruments addressing electronic data defined in the proposed EU Regulation for production and preservation order are presented briefly and their value and merit discussed. Comments related to this new legal instrument are also provided. The article is accompanied with exhaustive list of relevant literature and references to other international legal documents.
Authors: prof. Borka Jerman Blažič, asst. Jan Stajnko, asst. prof. Tomaž Klobučar