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Maria Astrup Hjort

Maria Astrup Hjort. Digital footprints as evidence in civil proceedings. Civil procedure vs. criminal procedure. Two keywords: Criminal procedure relates to criminal law. Civil procedure relates to everything else. The role of the police. Digital footprints.

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Maria Astrup Hjort

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  1. Maria Astrup Hjort Digital footprints as evidence in civil proceedings

  2. Civil procedure vs. criminal procedure Two keywords: • Criminal procedure relates to criminal law. Civil procedure relates to everything else. • The role of the police. Maria Astrup Hjort, PhD Candidate

  3. Digital footprints Automaticallygenerated data • GPS information • Access cards • Metadata • RFID chips • Electronic travel cards Maria AstrupHjort, PhD Candidate

  4. Basic Norwegian evidenceprinciples • The principleofunrestrictedpresentationofevidence • The principleofunrestrictedevaluationofevidence Maria Astrup Hjort, PhD Candidate

  5. The DisputeAct sec. 21-4 (1) The partiesshallensurethatthefactual basis ofthecase is correct and complete. Theyshallprovidesuchexplanations and summariesofevidence as arerequired to fulfilthisobligation, and they have a duty to givetestimony and access to evidencepursuant to section 21-5. Maria Astrup Hjort, PhD Candidate

  6. The DisputeAct sec. 21-4 (2) A party shall also disclose the existence of important evidence of which such party has reason to believe that the opposite party is not aware. This shall apply irrespective of whether such evidence is in favour of such party itself or in favour of the opposite party. Maria Astrup Hjort, PhD Candidate

  7. Conflicting principles • The party’s presentation of evidence shall be correct and complete • Each party has a responsibility to present the evidence that he or she will rely on. Maria Astrup Hjort, PhD Candidate

  8. Access to digital footprints • Court order to access the evidence • Is the evidence relevant? • Is disclosure proportional? Maria Astrup Hjort, PhD Candidate

  9. Challenge How to obtain the relevant information – and only that? Maria Astrup Hjort, PhD Candidate

  10. Digital footprints - still infrequently used in civil proceedings Maria AstrupHjort, PhD Candidate

  11. Maria AstrupHjort Research Fellow Department of Public and International Law P.O. Box 6706 St. Olavsplass NO-0130 Oslo Norway Phone: +47 22 85 94 72 E-mail: m.a.hjort@jus.uio.no Maria AstrupHjort, PhD Candidate

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