Use of digital evidence in criminal process: some issues of right to privacy protection

Abstract

The rapid development of digital technologies makes life easier in many ways. One of these advantages is the ability to use digital evidence in criminal proceedings. At the same time, this gives rise to new challenges in protecting the right to privacy, since digital evidence often contains a large amount of personal information. Thus, the author of the article aims at exploring the issues of balance between the use of digital evidence in criminal justice and the protection of the right to privacy.
 The research methodology includes an analysis of scientific publications, current legal provisions, case law, and international standards. The author of the article emphasizes that, on the one hand, the legislation operates with the concept of “digital evidence” and emphasizes the possibility of its use. On the other hand, the norms of international law and Ukrainian legislation determine the need to respect the right of every person to privacy. This raises the issue of combining these two phenomena.
 An analysis of the ECtHR case law has shown that this issue is important. The Court does not consider digital evidence, the acquisition of which has led to a violation of the right to privacy, to be legitimate. Based on the analysis of the case law, the author emphasizes the critical importance of the right to privacy as a basic human right that should be upheld even during a criminal investigation.
 The results indicate the need for clear legislative regulation of the use of digital evidence, ensuring its proportionality, and the need to take into account the right to privacy as a fundamental right. The conclusions of the article emphasize the importance of international standards and case law in shaping approaches to the use of digital evidence, with a particular focus on the protection of the right to privacy in the context of criminal justice. The author also proposes a number of approaches that can ensure the lawful and appropriate use of digital evidence.