In the context of criminal procedure,electronic data has become a prevalent form of evidence.While procedural provisions pertaining to electronic data have delineated the protocols for its collection,in practice,the principle has become the exception and the exception has become the norm.This approach is not conducive to maintaining procedural rules and may potentially undermine the procedural integrity of the process.The rules governing the collection of electronic data fail to align with the necessity and balance principles of the proportionality principle and inadequately address the relationship between the protection of rights and the collection of electronic data.As electronic data forensics technology advances and investigators'forensics abilities are enhanced,it is imperative that the collection of electronic data adhere to the principle of proportionality and establish a framework of binary distinctions based on the different categories of electronic data holders.In the case of electronic data held by a victim or third party,the principle of extraction should be followed,with the exception of the seizure of the original storage media.Similarly,the principle of extraction should be applied in the case of electronic data held by criminal suspects.In the event that the electronic data carrier in question is derived from illicit or criminal activities,or is a contraband item subject to confiscation,the original storage media should be seized as a priority.
Electronic Data Collectionthe Principle of ProportionalitySeizing the Original Storage MediaExtracting Electronic DataBinary Distinction
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NSTL
万方数据
