More and more digital applications are used by authorities to generate and analyze evidence, from communication and location data to complex machine learning and AI to detect lies via facial expression. In addition, the investigating authorities in criminal proceedings are looking for new ways to obtain digital evidence stored abroad. But while authorities are making use of these new possibilities, it is important not to lose sight of the dangers that the investigation and use of digital evidence pose to the fundamental rights protection of those affected, in particular the right to a fair trial. In this event, these risks will be examined from two different perspectives:
Angelika Adensamer examines the prerequisites set by the general principles of EU law and Article 47 CFR for legal protection against algorithmic evidence in the administrative procedures of the member states. These include but are not limited to equality of arms, the right to be heard and the right to a reasoned decision.
Peter Meißner presents the recently adopted E-Evidence Regulation, which creates a new legal framework for the cross-border investigation of digital evidence for criminal proceedings in the EU, and questions whether the protective mechanisms provided by the Regulation are compatible with the requirements of the CFR, in particular Article 47 (2) CFR.
Bio:
Angelika Adensamer is currently a Visiting PhD student at the EUI and researcher at the Vienna Centre for Societal Security (VICESSE). She holds a law degree from the University of Vienna and a master's degree in criminology and criminal justice from the University of Oxford. Her PhD is under the supervision of Professor Eisenberger, professor for Innovation and Public Law at the University of Vienna.
Peter Meißner is a Visiting PhD Student at the EUI from September to December 2023. He is a PhD Student and Research Assistant at the Chair of Public Law and Information Law at Bielefeld University (Professor Wischmeyer). He is also an associated Researcher with the DFG Research Group 'Dynamic Integration' at Humboldt University of Berlin.