Preservation and Rendition of Computer Data in Slovak Criminal Procedure Code

Abstract

Summary The goal of this article is to analyse the Slovak legislation of preservation and rendition of computer data in accordance with section 90 of the Criminal Procedure Code, which was implemented in the Slovak legal order under the Convention on Cybercrime, Budapest, 23. 11. 2001. In particular, article 16 of the Convention on Cybercrime obliges the member states to adopt necessary legislative and other measures as may be necessary to enable its competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data, that has been stored by means of a computer system, in particular where there are grounds to believe that the computer data is particularly vulnerable to loss or modify. In addition, the article examines the effects of the legislation adopted in practice, including the correlation problems that the legislator has not deal with and also brings up-to-date results of the fight against cybercrime.