Franciskus van Geelkerken
Title: Doctoral Candidate in Law and Information Technology
Telephone: +46 54 700 20 85
Criminal investigation of on-line resources and remote information systems in
European Union member states
The global information society has facilitated many new investigative methods, of which the investigation of on-line resources and of remote information systems is one. This kind of investigation can have significant positive effects on law enforcement, but can also have negative effects on human rights like the right to privacy. In evaluating these effects, Sweden, Germany, the Netherlands and the United States have attributed in some cases more importance to the former and in other cases more importance to the latter. Therefore, the research project aims to answer the question what legal framework is to be used to determine under what conditions, if any, European Union member states should allow the investigation of on-line resources and remote information systems by police.
The framework cannot be elaborated on yet, however, elements such as human rights, law enforcement, technical feasibility, and a level of legal certainty and protection that is comparable to that of other investigative methods concerning ICT will certainly be studied, as well as the individual importance of each of these.