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Javier Ángel Fernández-Gallardo Fernández-Gallardo
Juzgado Central de Instrucción número 2. Audiencia Nacional
Spain
Biography
Vol 25 No 2 (2016), Studies and notess
DOI: https://doi.org/10.15304/dereito.25.2.3522
Submitted: 22-08-2016 Accepted: 27-09-2016 Published: 12-01-2017
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Abstract

Until the reform carried out by Organic Act 13/2015, the Criminal Procedure Act did not provide an express way the possibility of practicing a record of storage devices, despite the enormous amount of information that accumulates in these devices may have high interest with regard to clarify many crimes. But we cannot forget that access to such content constitutes a serious interference with the right to privacy, which must therefore have a framework that will equip legal certainty and security, respecting the parameters quality of law established in the jurisprudence of the ECHR. In the present study we analyze the requirements and guarantees that this new regulation demands for access to the data contained on these storage devices for the purposes of a criminal investigation.
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