Collecting Digital Evidence from Online Sources: Deficiencies in Current Polish Criminal Law

Abstract

The importance of digital evidence, especially online content, is continuously increasing due to the proliferation of digital technologies in socio-economic life. However, the legal means of criminal evidence gathering in Polish legislation remain unchanged and do not take into account some contemporary challenges. In various countries, traditional rules of evidence gathering were created in the context of a physical world. These rules may be insufficient to safeguard the forensic soundness of evidence gathering methods. Inadequacies of current procedures may be especially visible in the context of transborder digital evidence gathering from online open sources. This article describes the practical shortcomings of Polish criminal evidence law in the context of digital evidence with particular attention to online open-source materials. Empirical data indicate that existing legal limitations are bypassed in practice to enable evidence collection. This unfortunately often happens at the expense of the forensic soundness of digital evidence.