Beweisverwertungsverbote im Lichte der DSGVO

The admissibility of unlawfully obtained evidence has long been a subject of controversy, and the General Data Protection Regulation (GDPR) has recently intensified this debate. Under the prevailing Austrian “principle of separation”, a distinction is drawn between the (substantively) unlawful acquisition of evidence and its admissibility in procedural law. This article analyses the extent to which the GDPR and the current case law of the CJEU call this concept into question.