Transcript Maria Astrup Hjort - Det juridiske fakultet, UiO

Maria Astrup Hjort
Digital footprints as evidence
in civil proceedings
Civil procedure vs. criminal procedure
Two keywords:
- Criminal procedure relates to criminal law.
Civil procedure relates to everything else.
- The role of the police.
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Digital footprints
Automatically generated data
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GPS information
Access cards
Metadata
RFID chips
Electronic travel cards
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Basic Norwegian evidence principles
• The principle of unrestricted presentation of evidence
• The principle of unrestricted evaluation of evidence
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The Dispute Act sec. 21-4
(1)
The parties shall ensure that the factual
basis of the case is correct and complete.
They shall provide such explanations and
summaries of evidence as are required to
fulfil this obligation, and they have a duty
to give testimony and access to evidence
pursuant to section 21-5.
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The Dispute Act sec. 21-4
(2)
A party shall also disclose the existence
of important evidence of which such party
has reason to believe that the opposite
party is not aware. This shall apply
irrespective of whether such evidence is
in favour of such party itself or in favour
of the opposite party.
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Conflicting principles
• The party’s presentation of evidence shall be
correct and complete
• Each party has a responsibility to present the
evidence that he or she will rely on.
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Access to digital footprints
• Court order to access the evidence
• Is the evidence relevant?
• Is disclosure proportional?
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Challenge
How to obtain the relevant information
– and only that?
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Digital footprints
- still infrequently used in civil proceedings
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Maria Astrup Hjort
Research Fellow
Department of Public and International Law
P.O. Box 6706 St. Olavs plass
NO-0130 Oslo
Norway
Phone: +47 22 85 94 72
E-mail: [email protected]
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