Law enforcement and access to transborder evidence: the quest for the exercise of digital sovereignty

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Authors: Aude Géry
Cited by: 0

Abstract

Access to digital evidence has become a daily job for law enforcement authorities (LEAs). But actually accessing it faces legal challenges, especially since data can be stored outside of LEAs’ legal reach. As a consequence, strong tensions between territoriality as the basis for delimiting sovereignty and the ability for a state to exercise criminal jurisdiction in the digital age have emerged, and cross-border access to data has become an issue of sovereignty. This chapter argues that while digital data constitute a challenge for the exercise of states’ sovereignty, states are today looking for solutions to overcome it without giving up on territoriality as the nexus of their legal policy.

Fields of Study & Subjects

European Criminal Justice and Data Protection European and International Law Studies International Law and Human Rights

Publication details

Journal / source
Edward Elgar Publishing eBooks
Publisher
Edward Elgar Publishing
Pages
112–124
Publication date
11 June 2026
Language
EN
Document type
Book chapter