In the field of digital searches and seizures, there is not a comprehensive EU regulation. Accordingly, the Authors analyze the scope and the content of Article 8 ECHR in order to depict the minimum standards stemming thereof for what concerns the need for both a prior and an ex post facto independent oversight. Against this background, the Italian legal framework will serve as a benchmark in order to find to what extent the aforementioned guarantees are safeguarded, and which impact could the relevant ECtHR’s case-law have at the domestic level

Francesco Sanvitale

Lorenzo Bernardini

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Searches and seizures of electronic devices in european criminal proceedings:a new pattern for independent review?

peer reviewedThere is a lack of comprehensive EU discipline in the area of digital search and sei-zure. Accordingly, the Authors will explore the scope and content of Article 8 ECHR in order to identify the minimum standards that it entails, with regard to the need for both prior and ex  post independent oversight, should a digital search and seizure be ordered by the prosecution authorities. Against this background, the Italian legal framework will be used as a benchmark to determine the extent to which the aforementioned guarantees are safe-guarded and the impact that the relevant ECtHR’s case-law could have at the domestic level

BERNARDINI, Lorenzo

Sanvitale, Francesco

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