Artikel: Gathering Electronic Evidence for Administrative Investigations

The intense debate over the past few years on access to data for criminal investigations has led to the adoption of the E-evidence package. Yet, electronic evidence is no less crucial for punitive administrative proceedings. One administrative investigation authority that could benefit from more extensive access to electronic evidence is OLAF, which, at this point, does not seem to have the power to request data from service providers. Such powers could be essential, however, for the detection and investigation of fraud or corruption. This article argues the need for a general and thorough reflection on access to electronic evidence from Internet Service Providers (ISPs) in administrative punitive proceedings. It also discusses the transfer of this type of evidence between administrative and criminal proceedings (in both directions) in order to more specifically justify an extension of OLAF’s powers to be able to request such evidence.

Lees verder:

• Gathering Electronic Evidence for Administrative Investigations door S. Tosza in Eurcrim.eu