Classification of electronic data for criminal law purposes

• Autores: Claudia Warken
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 4, 2018, pág. 3
• Idioma: inglés
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• Resumen

  • Although the significance of electronic evidence for criminal investigations of any type of criminal offence has been steadily growing for years, respective legal frameworks in all EU Member States are only fragmented – if they exist at all. There is an urgent need for comprehensive legislation that takes into account the various grades of data sensitivity. For various reasons, the common distinction between subscriber data, traffic data, and content data is not suitable for this purpose. Instead, a new classification is necessary.

    The article analyzes the relevant backgrounds and provides an overview of the current issues. More importantly, it proposes a new classification with five categories of electronic data. The key criterion for determining the sensitivity of a dataset − the data subject’s reasonable expectation of confidentiality – allows a distinction as follows: (1) data of core significance for private life, (2) secret data, (3) shared confidential data, (4) data of limited accessibility, and (5) data of unlimited accessibility.

    The article further shows that the newly proposed classification is comprehensive and technically neutral − thus, future-proof. In addition, it explains why the approach presented is solidly based and most suitable for legislative purposes, since it derives solely from the specifically affected fundamental right