Digital Evidence in Foreign Jurisdiction and Quality of Justice

Abstract

In an increasingly interconnected digital world, the concept of the right and access to digital evidence from a foreign jurisdiction has emerged as a fundamental human rights issue in the globe. This right asserts that individuals and/or States should have the right to access information stored beyond their national borders, reflecting the globalized nature of data storage and its profound implications for ensuring justice in true sense universally. This article explores the legal framework and associated challenges of the right to online evidence under international law. International human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, provide a foundationfor its recognition. However, the extraterritorial nature of online information storage and States’ reluctance question the quality of justice globally resulting in a complex landscape. On top of that the challenges associated with this right include conflicts of jurisdictions, issues of state sovereignty, and the extraterritorial application of domestic laws. Case studies involving cross-border data access also illustrate the complexities involved. Furthermore, the paper discusses the potential discriminatory consequences of this asymmetry, as jurisdictions with greater access to online evidence may enjoy a distinct advantage in legal proceedings involving foreign parties. This raises questions about the fairness and impartiality of the global legal system and underscores the need for international cooperation and equitable frameworks for evidence sharing.