O potrzebie zmian w regulacjach prawnych dotyczących pozyskiwania informacji pochodzących z nośników danych dla celów postępowania karnego
On the Need for Changes in the Legal Regulation of Obtaining Information from Data Carriers for the Purposes of Criminal Proceedings

Summary/Abstract: The article discusses the problem of statutory regulation of obtaining information from data carriers for the purposes of criminal proceedings. First, the analysis concerns the existing criminal procedural provisions which have been assessed as insufficient and based on the erroneous assumption that a general reference to the relevant provisions related to search and wire-tapping is sufficient. The article presents a number of practical and axiological arguments in favor of introducing more detailed norms regulating the matter in question. Moreover, an analysis of the effectiveness of the existing criminal procedural norms also argues in favour of such a step. Adopting optimal regulations for gathering information from data carriers requires close cooperation between lawyers (practitioners and theoreticians) and IT specialists. These regulations should shape an autonomous regime for data acquisition, which would be based on entrusting the decision on access to data to an organ independent of law enforcement agencies and would provide the persons concerned with the possibility of a real verification of the activities carried out in the course of the proceedings.

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