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Information Sovereignty

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson

This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational domains of individuals and/or states collide. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. It also encompasses more practical discussions of cybersecurity and cross-border processing of personal data, including in the context of cross-border discovery of digital evidence.
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Chapter 8: Law enforcement for hedgehogs

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson

Extract

Chapter 8 applies methodological conclusions from previous chapters to various legal issues associated with situations where law enforcement agencies seek access to data. Having discussed the current landscape, in which our paradigmatic territoriality focus amounts to a severe obstacle for effective law enforcement, the chapter proceeds to propose and discuss a series of steps that could be taken to better deal with the jurisdictional issues that arise in this context. Key words: digital evidence, cybercrime, jurisdiction, multi-factor test, law enforcement, investigative jurisdiction

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