To have or have not: Limiting the data available for subsequent use by the police

Abstract

In search of evidence in criminal investigation police often collect data in bulk, and the question addressed concerns whether the bulk data as a whole or only in part may be deemed available for subsequent use. The article suggests that only data exposed to the police in the digital forensic analysis performed as part of the investigation, should be deemed available for subsequent use. Such data are termed digital assessed information and are contrasted to data whose content is not known to the police. The latter should be deleted or made inaccessible for further use once the original case is finalised. The position is anchored in the criminal procedural principles of purpose limitation and purpose orientation, recognised in case-law related to Article 8 European Convention of Human Rights (ECHR), further validated in considerations of fairness and coherence with the rules for use of excess information in intercepted communications.