ECtHR requires LEAs to uphold higher scrutiny for the use of special digital investigation methods and technology and account for irregularities in the way evidence is obtained for the prosecution. NFI forensics specialists stated that “attribution, evaluation, interpretation and reconstruction of digital traces and their origin often requires additional digital forensic science expertise, methodology, and technology beyond the competence of investigators” (van Baar et al., 2014).
This means that the digital forensics work on the case had to be documented and produced in digital forensics reports and comply with forensic science standards.
Further, ECtHR identified three criteria for a fair use of the Encrochat evidence:
if those two criteria are in question, then the third one requires:
Each of these criteria is examined further to evaluate the Encrochat evidence and its fair use in criminal proceedings.
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