Dražen Škrtić

about
drazen
Ministry of Interior, Croatia

Ph.D. Dražen Škrtić graduated from the College of Internal Affairs in 1994 and from the Police Academy in 1999. He finished postgraduate scientific studies of criminal law at the Faculty of Law in Zagreb in 2007. He defended his doctoral dissertation Criminal law protection of informatics contents at the Faculty of Law in Zagreb in 2011. He is employed in the Ministry of the Interior, Karlovačka County Police Administration since 1990. He is working on criminal police jobs as Head of criminal police in police stations since 1994 and since 2001 in the Police Administration on tasks regarding general and economic crime. He is a lecturer for legal courses at the Karlovac University of Applied Sciences since 2012. The area of his scientific interest are criminal law, criminal procedural law, criminology and with these areas connected parts of labour law, administrative law and commercial (business) law. He is a member of the Croatian Association for Criminal Sciences and Practice. He published several scientific and expert works and lectures from the area of cyber-crime. He participated on numerous Croatian and international expert and scientific conferences. On Croatian and international expert and scientific conferences he presented works from the field of substantive criminal law respectively criminal acts of cyber-crime, special forms of cyber frauds as well as procedural criminal law related to obtaining digital proofs from media for storing computer data which are not under the control of the person providing digital proofs as legal issues of remote search and control of computers with the purpose of providing digital proofs. LIST OF PUBLISHED WORKS: https://bib.irb.hr/lista-radova?autor=313654


Legal aspects of remote digital forensics

Some twenty years ago, digital forensics was accepted as a necessity in obtaining digital evidence for criminal acts committed by using a computer and for criminal acts not necessarily committed by using digital technology. Digital forensics is legally standardised in accordance with the traditional concept of obtaining evidences by seizing and searching computer data from media which are under the control of law enforcement authorities.The access, search and seizure of computer data stored in a cloud or on data storage media which are not under the control oflaw enforcement authorities, is insufficiently defined from the legal point of view. The requirement to obtain digital evidence expands to the implementation of controllable forensic computer programmes for monitoring computers with the goal of obtaining evidences which cannot be obtained by using legally defined covert evidence collection, search and seizure of computer data from media which are under the control of law enforcement authorities.Covert remote surveillance and search of computer data storage media, by comparison with searches and seizures, represents a further intrusion in the privacy of individuals. The development of the information and communication technology and their use in criminal activities requires also a further legal standardization and expansion of  covert evidence collection activities with the goal of obtaining digital evidences from computer data storage media which are not under the control of law enforcement authorities within an acceptable balance of powers of law enforcement authorities and privacy protection, remote surveillance of computers and obtaining digital evidence in real time, standardization of procedures and securing storage of data obtained in such a way in their unchanged form.The lecture includes a short comparative overview of contemporary legal framework of covert search, legal framework of covert surveillance and search, standards for storing digital evidences obtained by covert search, required legislative steps for the implementation of special covert evidence collection activities of remote search and surveillance of computers, justifiability of additional privacy restrictions and Convention framework of privacy restrictions with the goal of obtaining evidence required by law enforcement authorities.
 

Lecture

Legal aspects of remote digital forensics
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