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Perfection of the rules of detaining the original storage medium of electronic data

Zhou Wei   Liu Yanjun  
[Abstract]: In China's criminal justice practice, the seizure of electronic data original storage medium is an important evidence collection rule. Improper application of this rule may infringe on the privacy and property rights of citizens. In the application process, there are technical obstacles in data encryption, cloud forensics, data mirroring, and may also reduce the efficiency of investigation due to the delay of data analysis. The reason is that the seizure range of electronic data original storage medium is too large, which violates the principle of proportionality, and the requirements of evidence collection are difficult to meet the needs of reality. At the same time, the forensic skills of investigators do not match the requirements of on-site investigation. Therefore, the perfection of the seizure rules of electronic data original storage media should include clarifying the unique status of the criminal judicial enforcement measures, appropriately weakening the dependence on the original storage medium of electronic data, and supplemented by corresponding seizure procedures, blockchain technology and professional evidence collection subject supporting system, so as to achieve a balance between effective evidence collection and rights protection.
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