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from Part II - Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
Published online by Cambridge University Press: 02 January 2025
Chapter 10 looks at Estonia, which has one of the world’s most advanced digital societies. Correspondingly, its legal frameworks are adjusted to support the high level of digitalisation, including its criminal laws. However, the ongoing reform aims at making rules technology-neutral rather than establishing specialised regimes. Therefore, on the one hand, general rules of evidence apply to evidence in digital form, and the criminal procedure relies to a great extent on general and broad powers to meet the challenges of modern investigations. On the other hand, the cooperation duties of national service providers are highly specific and governed by the Electronic Communications Act. The chapter first provides an overview of Estonian criminal proceedings and digital evidence, before elaborating on the details of cooperation between law enforcement authorities and service providers, both domestic and foreign. Additionally, it considers aspects of protection of fundamental rights in this context.
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