The dilemma of the location of digital evidence

Oskar Peče; Miha Šepec

doi:10.31261/PPK.2024.08.02.06

Published: 2024-12-31

Vol. 8 No. 2 (2024)

The dilemma of the location of digital evidence

Oskar Peče

, Miha Šepec

Section: Studies

https://doi.org/10.31261/PPK.2024.08.02.06

Abstract

Determining the legally relevant location of digital evidence requires an analysis of the technical and legal aspects of obtaining such evidence by law enforcement. The problem relates to the complexity of determining the location of digital evidence, especially in the case of cloud storage, where data is often stored in various locations worldwide. The associated uncertainty regarding the location of digital evidence poses a significant legal challenge in cross-border evidence collection. This article acknowledges that the technical location of digital evidence is tied to the physical location of the storage unit. However, it also explores alternative ways to define the location of digital evidence based on existing regulations for cross-border collection of digital evidence. The problem of the location of digital evidence is analysed from the perspective of the concept of territorial jurisdiction in the digital age.

Keywords:

cloud storage, cross-border investigations, digital evidence, jurisdiction, the location of evidence

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Peče, O., & Šepec, M. (2024). The dilemma of the location of digital evidence. Problemy Prawa Karnego, 8(2), 1–37. https://doi.org/10.31261/PPK.2024.08.02.06

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Vol. 8 No. 2 (2024)
Published: 2024-12-31

ISSN: 0208-5577

eISSN: 2353-9712

10.31261/PPK

Publisher

Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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