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12 - Accessing Digital Evidence in Criminal Matters

An Inadequate Irish Legal Framework

from Part II - Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations

Published online by Cambridge University Press:  02 January 2025

By
T. J. McIntyre  and
Maria Helen Murphy
Edited by
Vanessa Franssen  and
Stanisław Tosza
Vanessa Franssen
Affiliation:
Université de Liège, Belgium
Stanisław Tosza
Affiliation:
Université du Luxembourg
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Summary

Chapter 12 analyses Irish law on police access to digital evidence. It outlines the domestic legal framework regarding data retention, interception of communications and access to stored data. It then considers the law governing cross-border requests for data. It assesses the extent to which these rules are adequate for law enforcement purposes and whether these rules are compatible with the European Convention on Human Rights, the Charter of Fundamental Rights and data protection standards.

Keywords

Irelanddigital evidencedata retentioninterception of communicationssearch warrantsproduction ordersright to privacydata protection
Type
Chapter
Information
The Cambridge Handbook of Digital Evidence in Criminal Investigations , pp. 309 - 346
Publisher: Cambridge University Press
Print publication year: 2025

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