July 5 @ 16:15 - 17:45 Wroclaw (CEST)
Digital Searches – In Quest for a New European Standard
While the laws on searches were originally created to regulate entering homes and searching pockets of individuals, the expansion of new technologies experienced during recent years shifted focus towards digital evidence retrieved from electronic storage devices. This relates as much to searches of cellphones, computers and clouds as to searches carried on through smart TVs, home assistants and other tools allowing for remote access to protected private areas. As the traditional law on the conduct of search and rules on admissibility of evidence developed over centuries did not foresee the problems that come with the complexity of electronic devices storing gigabytes of highly personal data the new reality calls for new approaches. The panel aims at exploring the national perspectives (German, Italian and Polish) that slowly attempt to address the needs of modern societies in the light of contemporary challenges arising from digital searches. It also seeks an answer whether there is a common standard for digital searches that can be identified within EU and Council of Europe legal frameworks.