Criminal investigation procedures via smartphone: the twilight of privacy?
Article Sidebar
Main Article Content
Abstract
In the current context, smartphones have become an essential tool in people's daily lives: not only do they play a crucial role in maintaining our telematic communications, but they also frequently serve as a work tool and a medium on which we store a large part of our private lives. Aware of this reality, more than a decade ago, the legislator introduced several investigative measures into the Criminal Procedure Act (LECrim) through Organic Law 13/2015, which allow the trail generated by smartphone use to be tracked in order to investigate crimes. In this paper, we aim to analyse the basic features of each of these techniques, assessing the quality of the regulations governing them and gauging the impact that their use by the authorities has on the fundamental rights of the device user, particularly their privacy. In fact, it is not unreasonable to ask a somewhat disturbing question: does this legal right, as it was originally conceived, still exist in the digital world?
Article Details
Downloads
This work is licensed under a Creative Commons Attribution 4.0 International License.
© Congress of Deputies. The original copies published in the online and printed versions of this Journal constitute the property of the Cortes Generales, recognizing the need to refer to the authorship and source of every partial or total reproduction.
Unless otherwise specified, all contents of the online version are distributed under a distribution and usage license: “Creative Commons Attribution 4.0 International (CC BY 4.0)”. You can check the informative version and the legal document of the license freely.