Publication details
Právní povaha počítačových dat v trestním řízení
| Title in English | The legal nature of computer data in criminal proceedings |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | As a result of digitalization and the development of information technology, computer data has become a key element in almost all spheres of human activity. However, the unprecedented speed of this development brings not only benefits but also many challenges to society. Answers to the questions raised may be delayed, particularly in the legal field. An example of how the law has not kept pace with the actual needs of human society is the doctrinal disagreement about the legal nature of computer data as an object of legal relations. Is computer data an independent thing in the sense of law? Or is it merely a component part of a thing, most often the physical medium of such data? These questions are certainly not just academic. Especially in criminal law, the way in which a number of procedural acts are carried out depends on their solution. For example, whether it is sufficient to describe the physical device in the seizure order, or whether it is also necessary to specify the data on the device in the content of the order. The paper therefore aims to answer the question of whether computer data stored on a physical medium necessarily follows the legal fate of that medium or whether it is a distinct thing from a legal point of view which must be considered separately. The paper examines this issue through the lens of criminal law. |
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