Book contents
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
6 - Exchange of Data between National Security Agencies and Law Enforcement
Challenges for Criminal Procedure
from Part I - Collecting Digital Evidence
Published online by Cambridge University Press: 02 January 2025
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- 1 Impact of Digital Evidence Gathering on the Criminal Justice System
- 2 Unresolved Jurisdictional Issues in Law Enforcement Access to Data
- 3 Effective Data Protection and Direct Cooperation on Digital Evidence
- 4 On Encryption Technologies and Potential Solutions for Lawful Access
- 5 Admissibility of Digital Evidence
- 6 Exchange of Data between National Security Agencies and Law Enforcement
- 7 From Mutual Trust to the Gordian Knot of Notifications
- 8 Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters?
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
Summary
Chapter 6 looks at how, in democratic societies, the regimes of data collection for the purposes of national security and law enforcement have traditionally been strictly separated. Yet, in the last two decades, complex challenges such as organised crime and terrorism have blurred the border between them, raising concerns about the use of data collected by intelligence agencies as evidence in criminal investigations. The chapter examines issues related to exchange of information between national security and criminal justice domains. It discusses problems associated with the inherent imbalance in aims, functions and safeguards between the two regimes. While considering the exchange of data between intelligence agencies and law enforcement inevitable, the chapter argues that the differences between the regimes create a danger of using national security frameworks to circumvent strict safeguards established in criminal procedure law. It suggests that robust safeguards and measures for accountability and oversight must become an integral part of frameworks that enable and facilitate data flows from the national security domain to criminal investigations.
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- Publisher: Cambridge University PressPrint publication year: 2025