Addressing Barriers to Cross-Border Collection of E-Evidence in Criminal Investigations

Abstract

The interconnected society has led to an increase in cross-border crimes, necessitating efficient gathering of electronic evidence (e-evidence). Current legal frameworks and mutual legal assistance treaties  face challenges in addressing the volatile nature and international dimension of e-evidence. This study aims to evaluate existing regulations, identify barriers, and propose solutions for effective cross-border e-evidence collection. The research seeks to remove obstacles and facilitate seamless cooperation among law enforcement agencies, service providers, and judicial authorities. A qualitative research method, including surveys and grounded theory analysis, is employed to analyze legal practitioners' perspectives and existing frameworks. The findings highlight the need for harmonized data categorization, direct cooperation with service providers, and streamlined procedures. The study proposes a new regulation for production and preservation orders, enabling direct access to e-evidence and appointing legal representatives within service providers. The proposed regulation addresses the identified barriers, enhancing cross-border e-evidence gathering in crime investigations.