Obtaining of electronic data in the Netherlands
Beijing College of Politics and Law , Volume 2016 - Issue 2 p. 3- 32
The use of data and the storage of data have increased tremendously in the last decades. Stored and transmitted data can provide important evidence in criminal procedures. However before this information can be used in a criminal procedure it has to be obtained or gathered by investigative authorities. This article discusses the way data is gathered and obtained in criminal proceedings in the Netherlands. It contains a description of the way data can be obtained by the Dutch investigative authorities. The methods to obtain data in Dutch Criminal proceedings vary. Data can be obtained in a secretive way at a very early stage of the proceedings by remanding data. On the other hand data can be obtained by confiscating or seizing datacarriers in later stages of the proceedings. Next to the description of ways to gather and obtain data in the Dutch Criminal Procedure this article also addresses the problems that Dutch investigative authorities have to deal with in relation to the gathering and obtaining of data and datacarrier.