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Legal Review and Challenges for Acquisition for the Purpose of Investigation of Data Stored Abroad

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(4), pp.461-498
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 14, 2022
  • Accepted : November 21, 2022
  • Published : November 30, 2022

Joon Mo Kang 1

1호서대학교

Accredited

ABSTRACT

This study examines the legal system tasks for computer data acquisition performed by criminal investigation agencies. Computer data related to the suspect is currently one of the main investigation targets. The types of target data are also diverse. Even if it is directly related to the suspect, there are e-mail records, the suspect’s communication or online service use records, and electronic files stored in the suspect’s computer or cloud. In addition, currently, a large amount of information collected without the suspect’s awareness, such as location information of mobile phone terminals or vehicles, CCTV (surveillance cameras, etc.) or black box records, and information collected by IoT (Internet of Things) technology, is also accumulated. is being preserved Such information can also be the subject of criminal investigations. Obtaining such information may be problematic from the point of view of the suspect's privacy or personal information protection. In addition, most of the information on the network is stored abroad. Investigations into data stored abroad often cause problems under international law. The purpose of this study is to provide guidelines on the original attitude of the system by comparatively analyzing the system and operation of Korea and Europe and the United States for legal issues in such investigations.

Citation status

* References for papers published after 2022 are currently being built.