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Selected legal aspect of electronic
evidencing
Pavel Loutocký
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Intro?
̶ The session will focus on the discussion of legal issues
related to selected issues of electronic evidence and further
related to cyber security. Current selected trends will be
presented and problematic aspects will be discussed. So
please feel free to prepare questions of interest as well!
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3 areas of legal regulation
1. Civil law
2. Administrative law
3. Criminal law
̶ There is no explicit mentioning, how the evidence should
look like
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Electronic evidence?
̶ NO DEFINITION…
̶ Evidence may be obtained by any means which may be used
to establish the state of the case, in particular by examination
of witnesses, expert opinion, reports and statements of
authorities, natural and legal persons, notarial or executor's
records and other documents, inspection and examination of
the parties. If the manner of taking evidence is not
prescribed, the court shall determine it.
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What is interesting in Civil Law
Section 562/2, Civil Code:
The records of data on legal transactions in the electronic system are
considered reliable if they are made systematically and sequentially and
are protected against alteration. If the record was made during the
operation of the plant and is relied upon by the other party for its own
benefit, the record shall be presumed to be reliable.
No such alternative in other areas of law, however INTEGRITY is the KEY!
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Electronic documents?
̶ All the evidences are heavily related to the term of „electronic
document“ and connected with „trust services“ = electronic
signature, seal, timestamp etc.
̶ Incorporated in the regulation No 910/2014 on electronic identification and trust
services for electronic transactions (eIDAS)
̶ Important:
̶ Level of trust = qualified services, advanced tools, non-discrimination of electronic
document
̶ Archivation, integrity, preservance
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Specific procedural approaches
Mainly in Criminal Law (Act on Criminal Procedure):
̶ Interception (Sec. 88)
̶ Data Retention (Sec. 88a)
̶ Tracking people and things (Sec. 158d/3)
̶ Cooperation (Sec. 8/1)
̶ etc.
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Cybersecurity?
̶ Not so specific rules, we have to follow if it is private (civil) or
public (administrative, criminal) agenda
̶ It depends always on the character of data
̶ Connected with „lawful / unlawful evidence“
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Specifics and quality of data?
There is usually no legal rule on the demand on quality of data
– it „just“ has to be correct and true (which can be part of
poving – is the IS working properly or not?)
Some hints can be found for specific situations e.g. here:
Decree on the storage, transmission and disposal of traffic
and location data (https://www.zakonyprolidi.cz/cs/2012-357)
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Thank you for your attention!
Questions?
loutocky@muni.cz