Re-thinking the categorisation of data in the context of law enforcement cross-border access to evidence

Electronic evidence is increasingly important for criminal investigations and prosecutions. The collection of e-evidence is typically regulated on the basis of established data categories, which currently to a large extent are modelled on how traditional telecommunication providers used to process communication data. Developments in computer technology however, mean that this model is no longer viable to categorise many forms of data. Given the relevance of effective and efficient collection of e-evidence by law enforcement and judicial authorities, a new paradigm for data categorisation should be established. In this article, based on an examination of relevant international legal frameworks, a new model for data categorisation is proposed.