Effective Remedies For Fair Use Of Communications Metadata As Evidence
Abstract
This chapter analyses the evidentiary challenges of introducing unlawfully obtained metadata in criminal proceedings and proposes solutions to ensure fairness at trial. It argues that failing to exclude such metadata prejudices the defence and cannot be remedied by merely reducing its probative weight. To reconcile privacy, data protection, and evidentiary regimes, the chapter advances a discretionary exclusionary model to guide admissibility decisions and strike a fair balance between fundamental rights and the aims of criminal justice.
Fields of Study & Subjects
Criminal Law and Evidence
Legal processes and jurisprudence
Education
Law
and Society
Publication details
- Journal / source
- Routledge eBooks
- Pages
- 269–282
- Publication date
- 10 February 2026
- Language
- EN
- Document type
- Book chapter