Lead Beneficiary | Consiglio Nazionale delle Ricerche (CNR-ITTIG) |
WP Leader | Dr. Maria Angela Biasiotti |
Objective | |
To coordinate, administer and manage the various project activities in order to ensure that they are carried out effectively and successfully | |
Description of work | |
The coordinator will be responsible for the project coordination and administration and will ensure that the project will be carried out within the scope, planning and budget while guaranteeing the quality of the deliverables and the overall project result. The coordinator will be assisted by an experienced project manager and the institutional project support office.
| |
WP1 Deliverables |
Lead Beneficiary | Consiglio Nazionale delle Ricerche (CNR-IRPPS) |
WP Leader | Dr. Sveva Avveduto |
Objective | |
To carry out a classification of relevant concepts of electronic evidence domain and related fields (criminal law, criminal procedure). This will lead to assess and produce a common and shared understanding of electronic evidence gathering and exchanging. | |
Description of work | |
Activities of this WP will be addressed to carry out a classification of relevant concepts of electronic evidence domain and related fields (criminal law, criminal procedure). This will lead to assess and produce a common and shared understanding of digital evidence gathering and exchanging.
| |
WP2 Deliverables |
Lead Beneficiary | Rijksuniversiteit Groningen (RUG) |
WP Leader | Prof. Joseph A. Cannataci Prof. Jeanne Pia Mifsud Bonnici |
Objective | |
To identify the legal framework (legislation and practises) in the EU Member States (27+1) governing the implementation of new technologies in processing evidence (including cross-border exchange). | |
Description of work | |
Activities of this WP will be mainly devoted to understand whether and how electronic evidence is perceived and eventually regulated in the EU framework. The legal framework will be identified through a wide collection of relevant documentation and available information and will be discussed thus highlighting the criteria and rules to be applied for guaranteeing a uniform regulation of electronic evidence. Activities of this WP will focus not only on the domestic regulation but also on specific criteria implemented in each MS for trans-national exchange of electronic evidence.
| |
WP3 Deliverables |
Lead Beneficiary | Consiglio Nazionale delle Ricerche (CNR-ITTIG) |
WP Leader | Fabrizio Turchi |
Objective | |
To identify the definition of open standards, concerning the chain-of-custody requirements, the preservation of the probative value of the evidence and also the international transfer of evidence. | |
Description of work | |
Activities of this WP will be devoted to identify the definition of open standards, assuring not only the chain-of-custody requirements and the protection of the means of proof, but also the international transfer of electronic evidence.
| |
WP4 Deliverables |
Lead Beneficiary | Centre d’Excellence en Technologies de l’Information et de la Communication (CETIC) |
WP Leader | - |
Objective | |
To study technological issues encountered in various European countries regarding digital legal evidence collection, preservation, and exchange. To determine what may block harmonisation of national and regional regulations at European level and to identify potential directions to address the blocking issues. | |
Description of work | |
This WP will review preservation, and examination of digital evidence and it will also look at security issues for transmitting digital evidence. The activity will also consider the Computer Forensics in the age of cloud computing, for example, which legislations apply when cloud providers are based in and outside Europe and have their serves located throughout the world. Consequently the objectives of WP5 have two sides:
The realization of the two objective above will be implemented by completing several tasks:
| |
WP5 Deliverables |
Lead Beneficiary | The International Criminal Police Organization (INTERPOL) |
WP Leader | Caroline Goemans-Dorny |
Objective | |
To provide an overview and a status quo assessment of the collection, preservation and exchange of electronic evidence from the standpoint of law enforcement, and to propose guidelines that could be integrated into a Common European Framework governing this field. | |
Description of work | |
The laws and procedures regulating the collection, preservation and exchange of electronic evidence by law enforcement agencies are crucial as they determine the admissibility of that evidence in court and its probative value, thus fundamentally affecting the outcome of criminal proceedings. While WP3 intends to identify the legal framework governing the collection and use of electronic evidence, WP6 aims at providing a thorough study of the implementation of the existing legislations carried out by law enforcement agencies within the European Union and beyond. With 190 member countries and direct daily work with specialized law enforcement agencies around the globe, INTERPOL will coordinate this Work Package and shall deliver a comparative approach from the field. The various systems shall then be assessed in order to identify their shortcomings and with a view to propose best practices and guidelines that can be integrated into a comprehensive European Framework.
| |
WP6 Deliverables |
Lead Beneficiary | Laboratorio di Scienze della Cittadinanza (LSC) |
WP Leader | Dr. Daniele Mezzana |
Objective | |
To establish the size of the European market for the EVIDENCE technical solution, taking into account the inertia forces, time lags for changes, actors behaviours (“supporting” and “hindering” actors), driving forces and assessing obstacles and facilitating factors in the transition process towards an (also) ICT based evidence in courts. | |
Description of work | |
Determining the market size for any technical solution is an important information source for policy makers when deciding on how to promote a common harmonized European approach to evidence collection. This WP follows a three-step methodology to determine the market size, considering societal dynamics related to the introduction/consolidation of electronic evidence in courts (for incorporating standardized solutions on how to regulate and harmonize the treatment and exchange of electronic evidence):
| |
WP7 Deliverables |
Lead Beneficiary | Institute for Legal Informatics, Gottfried Wilhelm Leibniz Universitaet Hannover (LUH) |
WP Leader | Prof. Nikolaus Forgó Christian Hawellek Jonathan Stoklas |
Objective | |
To balance efficient investigation and sufficient protection of each individual’s privacy faces different challenges than those raised by conventional investigation. | |
Description of work | |
Gathering evidence in a ‘virtual environment’ – as opposed to the ‘physical environment’ in which we are living, and hence the gathering of electronically stored or transmitted information, is an action of a different nature from the traditional ways of collecting evidence. It is also quite new, meaning those procedures and safeguards for dealing with digital evidence and the associated hazards are lacking compared with those that have developed out of our experience over some hundreds of years with analogue and embodied media. While for example collection of evidence on a crime-scene usually requires both accessing the particular respective location physically and assigning human resources (which are regularly very limited as these are usually specially trained experts of a particular department), these kinds of limitations do not exist when collecting digital information. Not only can this be carried out remotely e.g. via networks, but any need for human resources is significantly reduced as well, as many processes can be executed by automated means. Similarly, whereas accessing a crime-scene is a rather overt process, collecting digital evidence can be achieved by means which are hardly detectable and often will leave no traces at all. All these particularities will need to be addressed by WP8 when evaluating particular data protection safeguards, which both guarantee high privacy standards as well as efficient investigation by law enforcement authorities. Consequently, the need to balance efficient investigation and sufficient protection of each individual’s privacy faces different challenges than those raised by conventional investigation. Not only do different technical environments and possibilities require different technical safeguards, but the different degree of exposure to surveillance systems need to be taken into account. Thus the greater intrusion is likely to be caused by modern, highly efficient means of digital evidence collection, treatment and distribution, requires precise and efficient legal safeguards – both of a procedural and of a substantive nature. Given the fact, that digital collection and distribution of evidence does not face the traditional limits of space and time, but (at least technically) allows making available digital evidence virtually anywhere without any significant delay – including multiple lossless copies of the original piece of evidence – it becomes apparent that particularly cross-border distribution of evidence between different authorities will need focused legal safeguards. These need to be designed in such a manner that they do not unnecessarily hinder transnational investigation between the member states, while simultaneously preventing any infringement of the principle of proportionality. WP8 will use the input of the preceding WPs to deliver conclusions on data protection issues which will need to be addressed. Activities carried out for WP8 can roughly be divided into two major tasks:
| |
WP8 Deliverables |
Lead Beneficiary | Rijksuniversiteit Groningen (RUG) |
WP Leader | Prof. Joseph A. Cannataci Prof. Jeanne Pia Mifsud Bonnici |
Objective | |
To prepare a Road Map for a Common European Framework. | |
Description of work | |
This WP aims at producing a feasibility study tracing the route to be followed (legislation, recommendations, guidelines, technical standards etc) for realising a Common European Framework for the application of new technologies in the collection, use and exchange of evidence. Included in this aim is to prepare a research agenda to reach areas that are seen in this project as needed more attention and examination in future.
| |
WP9 Deliverables |
Lead Beneficiary | Faculty of Media and Knowledge Sciences, Department of Information Policy and Governance, University of Malta (UOM) |
WP Leader | Dr. Oleksandr Pastukhov |
Objective | |
To develop and implement an evaluation plan and to coordinate the evaluation of the major results of the project. | |
Description of work | |
The aim of the WP is to develop and implement an evaluation plan and to coordinate the evaluation of the major results of the project.
| |
WP10 Deliverables |
Lead Beneficiary | Law and Internet Foundation (LIF) |
WP Leader | |
Objective | |
The aim of the WP is to ensure the dissemination of information about the EVIDENCE project and its results, and to ensure feedback is obtained from a broad set of stakeholders. | |
Description of work | |
The aim of the WP is to develop and implement an evaluation plan and to coordinate the evaluation of the major results of the project.
| |
WP11 Deliverables |