Skip to Main content Skip to Navigation
Conference papers

The Legitimacy of Cross-Border Searches Through the Internet for Criminal Investigations

Abstract : On the Internet, information is transmitted instantaneously across borders. Enormous volumes of information are collected and stored throughout the world. Information on the Internet can also be subject to criminal investigations. The increasing problem for criminal justice authorities is that the information they seek to access is often stored in other States and is, therefore, outside their jurisdiction. Exercising a state power over data stored inside another State’s territory could be a violation of sovereignty.Discussing cross-border data investigation needs to consider both the sovereignty of the State in which the data are stored and human rights of the investigation subject. These issues are closely related to each other and, thus, likely to be confused. Regarding data collection for investigatory purposes, if there is no infringement of the investigation subject’s human rights, concerns are rarely raised regarding sovereignty infringement. However, the existence of two types of investigation subjects, data subjects and data controllers, complicates the issue.This paper provides an approach to improve cross-border data investigations, with due consideration of human rights and international law, by analyzing current international discussions in this field.
Document type :
Conference papers
Complete list of metadata

Cited literature [19 references]  Display  Hide  Download
Contributor : Hal Ifip Connect in order to contact the contributor
Submitted on : Thursday, January 31, 2019 - 2:22:22 PM
Last modification on : Thursday, February 7, 2019 - 5:08:59 PM
Long-term archiving on: : Wednesday, May 1, 2019 - 5:26:08 PM


Files produced by the author(s)


Distributed under a Creative Commons Attribution 4.0 International License



Taro Komukai, Aimi Ozaki. The Legitimacy of Cross-Border Searches Through the Internet for Criminal Investigations. 13th IFIP International Conference on Human Choice and Computers (HCC13), Sep 2018, Poznan, Poland. pp.329-337, ⟨10.1007/978-3-319-99605-9_25⟩. ⟨hal-02001953⟩



Record views


Files downloads