The problem of ensuring the secrecy of electronic information in criminal prosecution
Автор: Cherkasov V. S.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовный процесс
Статья в выпуске: 2 (29), 2021 года.
Бесплатный доступ
A person trusts information technologies with a huge array of personal data: bank transactions, passwords, electronic messages, personal data, as well as many other information. On the one hand, the possibility of using information technologies makes the life of a modern person more comfortable, but on the other hand, it allows you to accumulate all the data about the life of each member of modern society in unified information systems. This circumstance provides law enforcement agencies with a convenient source of evidence. At the same time, each of us keeps the key to these information systems with us. Such a key is a “smartphone” or other terminal equipment. The article deals with the peculiarities of compliance with the regimes of various types of secrets in the production of investigative actions in relation to the terminal equipment (smartphone, computer, tablet) of telecommunications users. The article reveals the vulnerabilities of legislative guarantees that, in the context of digitalization, should ensure the restriction of access and subsequent use of professional, witness, commercial, and state secrets in the framework of criminal prosecution. The complexity of improving the legal regulation of legal guarantees that ensure the inviolability of the above-mentioned information is determined: first, by the variety of types of secrecy regimes, and secondly, by the lack of an employee of the preliminary investigation body to know what kind of secrecy he will face in the course of an investigative action.
Electronic evidence, electronic media, commercial secret, professional secret, state secret, witness immunity, criminal procedure
Короткий адрес: https://sciup.org/14119337
IDR: 14119337