Digital forensics law matters

Fundamental rights

Every individual is entitled to enjoy the fundamental human rights and protections conferred by the rule of law. Contrary to conventions that are binding on nation states, these rules give rights to the individual regardless of whether they have been formally implemented in the national legal system or not.

It is widely held that fundamental rights and the rule of law flow from natural law. According to this perception, conventions are not necessary in order to create such rights, because those rights exist independently of any written legal framework or convention. That said (written), international legal instruments are at least helpful in describing the rights.

Transborder search and surveillance

As a note, global integration in terms of digital networks and services exposes individuals to invasive online investigation methods by law enforcement agencies of other states. Absent valid permission from the state in which the individual resides, transborder investigation amounts to a violation of sovereignty. A violation of sovereignty may give rise to a claim by the aggrieved nation state, but not by the individual. The individual is also barred from availing herself of the courts in her jurisdiction, because the interference was not caused by anyone working for law enforcement authorities in the state in which she resides.