| Abstract [eng] |
The Master's thesis examines the institute of international cooperation in the investigation of cybercrime, followed by a review of the development of international cooperation in the European Union, its forms, its regulation in the Republic of Lithuania, the concept of cybercrime, and the challenges posed by this type of crime. The study analyses the methods of obtaining electronic data as evidence in other countries, including mutual legal assistance, the European Investigation Order and cooperation between law enforcement authorities and private digital service providers, and the issues they raise, with a particular focus on the new 2023 European Union legislative package for obtaining electronic data as evidence from another Member State. Existing international cooperation mechanisms help to investigate cybercrime, but are not as effective and fast due to the lengthy and complex process, the different national legal frameworks and the varying levels of data protection. While the new European Union rules on electronic evidence will allow for faster and more efficient international cooperation, particularly through direct cooperation with private digital service providers in the collection of electronic evidence in cybercrime cases, certain provisions of these rules raise concerns about how they will be implemented in practice. Despite the new legislative package theoretically ensuring adequate safeguards for personal data and fundamental rights, enforcement of such rights is largely concentrated in the hands of the requesting state. This can lead to violations of data protection and fundamental rights, among other issues. In view of the problematic aspects raised in the work, the author considers it necessary to eliminate such violations and introduce stronger safeguards. |
