Obtaining Data Located in Devices or It Systems — Selected Issues in Light of the Provisions of Criminal Procedural Law

Abstract

There is a lack of consensus among national law enforcement and judicial authorities as to which procedural acts are relevant for obtaining data contained in devices or information systems for evidentiary purposes. It is easy to fi nd supporters of the search of the information system as well as those who consider it appropriate to carry out inspections. However, regardless of many examples and arguments of various persons, it may seem that the compromise in this respect should be the position of the National Public Prosecutor’s Offi ce on the procedural practice related to obtaining data contained in IT equipment or systems for evidentiary purposes. However, the opinion of the National Prosecutor’s Offi ce does not take into account legally protected data, and in particular, legal aspects related to obtaining access to the content of telecommunications, including text messages protected by telecommunications secrecy. The article is a summary of the previous considerations regarding the possibility of obtaining data located in IT equipment or systems. The article also contains the author’s conclusions, based on, inter alia, methodology for securing digital footprints, intended for all representatives of national law enforcement and judicial authorities.