There is a lack of comprehensive EU discipline in the area of digital search and seizure. Accordingly, the Authors will explore the scope and content of Article 8 ECHR in order to identify the minimum standards that it entails, with regard to the need for both prior and ex post independent oversight, should a digital search and seizure be ordered by the prosecution authorities. Against this background, the Italian legal framework will be used as a benchmark to determine the extent to which the aforementioned guarantees are safeguarded and the impact that the relevant ECtHR’s case-law could have at the domestic level.
Searches and seizures of electronic devices in European criminal proceedings: a new pattern for independent review?
Lorenzo Bernardini
;
2023
Abstract
There is a lack of comprehensive EU discipline in the area of digital search and seizure. Accordingly, the Authors will explore the scope and content of Article 8 ECHR in order to identify the minimum standards that it entails, with regard to the need for both prior and ex post independent oversight, should a digital search and seizure be ordered by the prosecution authorities. Against this background, the Italian legal framework will be used as a benchmark to determine the extent to which the aforementioned guarantees are safeguarded and the impact that the relevant ECtHR’s case-law could have at the domestic level.File in questo prodotto:
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