@article{ART003183932},
author={Kwon Yang-sub and Hong, Tae-Seok},
title={Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={1},
pages={85-109}
TY - JOUR
AU - Kwon Yang-sub
AU - Hong, Tae-Seok
TI - Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 85
EP - 109
SN - 2288-1840
AB - In this paper, the issues surrounding the collection of digital evidence are examined from the perspectives of investigative efficiency and the protection of the rights of those subject to seizure. Legislative improvement measures are proposed from both perspectives, focusing exclusively on issues related to the seizure and search of digital evidence. From the perspective of investigative efficiency, it is necessary to implement criminal procedure legislation as specified in the Budapest Convention on Cybercrime. Measures such as introducing a data preservation order system, a data production order system followed by seizure, a remote seizure and search system are required to effectively address crimes that use digital devices or cyberspace as their medium.
The seizure and search of digital devices or storage media inevitably infringe on the fundamental rights of those subject to seizure. In particular, the search and seizure of unrelated information constitute illegal investigations in and of themselves, necessitating measures to prevent such actions both beforehand and afterward. Legislative measures worth considering include introducing a pre-hearing system for search and seizure warrants, establishing an appeal mechanism for ensuring the effective participation rights of individuals subject to seizure, and adopting filtering systems with the assistance of digital forensic analysts.
KW - Digital Data;Digital Evidence;Seizure and Search;Digital Forensics;Information Rights;Electronic Information.
DO -
UR -
ER -
Kwon Yang-sub and Hong, Tae-Seok. (2025). Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection. Legal Theory & Practice Review, 13(1), 85-109.
Kwon Yang-sub and Hong, Tae-Seok. 2025, "Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection", Legal Theory & Practice Review, vol.13, no.1 pp.85-109.
Kwon Yang-sub, Hong, Tae-Seok "Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection" Legal Theory & Practice Review 13.1 pp.85-109 (2025) : 85.
Kwon Yang-sub, Hong, Tae-Seok. Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection. 2025; 13(1), 85-109.
Kwon Yang-sub and Hong, Tae-Seok. "Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection" Legal Theory & Practice Review 13, no.1 (2025) : 85-109.
Kwon Yang-sub; Hong, Tae-Seok. Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection. Legal Theory & Practice Review, 13(1), 85-109.
Kwon Yang-sub; Hong, Tae-Seok. Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection. Legal Theory & Practice Review. 2025; 13(1) 85-109.
Kwon Yang-sub, Hong, Tae-Seok. Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection. 2025; 13(1), 85-109.
Kwon Yang-sub and Hong, Tae-Seok. "Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection" Legal Theory & Practice Review 13, no.1 (2025) : 85-109.
