Original scientific paper
https://doi.org/10.54070/hljk.30.2.2
The Admissibility of the Results of Mass Surveillance of Communication as Evidence in Croatian Criminal Procedure: The Sky ECC Case
Zoran Burić
; Faculty of Law University of Zagreb, Zagreb, Croatia
Marc Engelhart
Ante Novokmet
orcid.org/0000-0001-8833-9751
; Sveučilište J.J. Strossmayer Pravni fakultet Osijek, Osijek, Hrvatska
Sunčana Roksandić
; Faculty of Law University of Zagreb, Zagreb, Croatia
Abstract
The paper analyses whether and to what extent information collected through mass surveillance of communications can be used as evidence in Croatian criminal proceedings. It concerns information collected in France through the joint investigative teams of the French, Dutch and Belgian authorities, with the help and cooperation of Europol and Eurojust. The primary specificity of this information is based on the fact that it does not reflect data collected through targeted surveillance of a predetermined number of persons suspected of criminal activities, but about data collected through the surveillance of all users of a certain communication network – Sky ECC – which, based on cryptography, guaranteed its users complete privacy protection without the possibility of its external supervision, including by law enforcement authorities. In addition, the network was available on the market to anyone who wanted to buy it through a registered legal activity. The question of the legality of the evidence is considered primarily through the prism of the factual and legal circumstances of obtaining information in France and its transfer to Croatia. In relation to the legal circumstances, special attention is paid to the standards prescribed by EU law regarding the acquisition and transfer of evidence.
Keywords
Hrčak ID:
313079
URI
Publication date:
5.12.2023.
Visits: 423 *