The principle nemo tenetur se ipsum accusare in the view of new technologies and related procedural aspects
2020
Abstract
The chapter deals with retainment of data in a cellular phone from multiple points of view. It strives to find out, whether it is possible to force the suspect (or the accused, respectively) to cooperate in order to make available the data it his cellphone, or in other devices containing modern technology, and whether the current legislature is sufficient to cover the retainment of the data, or whether it merits some changes.
The author concludes, that there are no clear edges in the matter, but the retainment of the data, not the device itself, merits some changes de lege ferenda, whence the solution might lay in creating a new special count order or a warrant, that would be clear and undoubtable.