In the ninth post in RENFORCE Blog’s special series on enforcement, Gavin Robinson argues that the extreme volatility of electronic data calls for EU law to promote not only efficient and secure access thereto for criminal investigators, but also robust standards of digital forensics. Currently, it is national laws and criminal justice systems which achieve varying levels of forensic soundness for digital evidence. Drawing on a comparative, multidisciplinary research project and sharing insight from legal practice in Luxembourg, the post advocates a stronger emphasis on the development of common European rules on digital forensics – potentially within dedicated EU legislation on the admissibility of evidence.Continue reading
About Gavin Robinson
Gavin's research interests include criminal investigators’ access to electronic evidence across borders as well as how digital devices (laptops, smartphones) are seized in the field and exploited. Past research included helping draw up model EU legislation to prevent and resolve conflicts of jurisdiction, and the critical comparative analysis of developments in negotiated justice across European criminal justice systems. Gavin has also delved into the regulation of online platforms via regional and national initiatives against terrorist content online. This built on earlier doctoral studies at the University of Luxembourg which looked at the burgeoning use of commercial data by law enforcement through the prism of the EU’s evolving legislative process and data protection acquis, and reflected on the contours of the presumption of innocence in the digital age.