Digital evidence in court proceedings: Between law and justice

Digital evidence represents any information that has evidential value, can be transmitted electronically, and stored. Information technologies are rapidly evolving and significantly altering the way communication is conducted. In professional literature, various definitions of digital evidence exist. Today, computers are increasingly being used as either the instrument or the target of criminal offences. Therefore, in the combat against modern forms of crime, knowledge of digital evidence is essential, along with the existence of specific rules and procedures for its detection and collection by information technology experts. Digital forensics deals with digital evidence and is based on the principle of legality - meaning that digital evidence may only be collected on the basis of a court order. Key issues include: who is responsible for the right to privacy? How can one determine whether there is an overriding interest that justifies the use of digital evidence obtained without the person's knowledge? In other words, does this constitute a violation of the right to privacy? This paper will underscore the significance of digital evidence in court proceedings, with reference to the opinions and case law of the European Court of Human Rights.