Inhämtning av digital bevisning vid sexualbrott mot barn via internet - Avvägningen mellan effektivitet och personlig integritet

The increasing use of internet and the development of technology has led to the transfer of traditional crimes into the digital environment. The internet enables communication to a different extent than before and greater opportunities for sexual offenders to contact children with the aim of exposing them to sexual abuse. Digital evidence is a crucial element in all investigations of such crimes. The purpose of the thesis is to identify the possibilities the police have in order to obtain information regarding electronic communication that can constitute digital evidence in cases regarding sexual offences against children via the internet. The purpose also includes presenting legislative proposals on government hacking as well as adaptation of the rules of house searches and seizures to the digital environment. In addition, the thesis aims to problematize and discuss the balance of interests, between effective law enforcement and personal integrity, made in the legislative context regarding the law enforcement authorities’ investigative measures, in the light of the interest of legal security.The study shows that digital evidence can be obtained in a variety of ways, through house searches, seizures, covert interception and covert surveillance of electronic communication, the Electronic Communications Act and by obtaining information based on agreements from service providers. At the same time, the study shows deficiencies with all of them, which means that the regulation should be reviewed in order to provide effective investigative measures for investigating digital sexual offences against children. All investigative measures described entail a breach of personal integrity. The regulation on electronic communication entails an obligation for operators and internet and telecom providers to store information about users’ communication. The purpose of combating internet-related crimes against children has also led providers of services, such as social media and chat sites, to disclose information about communications to law enforcement authorities. The study shows that the interest of effective law enforcement is given priority over personal integrity. However, the conclusion of the study is that the infringement of integrity is legitimate because personal integrity is not an absolute right and the opposing interest of law enforcement is a heavier-weighted public interest. In addition, there are several control and security mechanisms and monitoring bodies that ensure that the regulation does not result in an excessive infringement of integrity or, at least, that the infringement is compensated. Personal integrity is an important opposing interest and should be discussed more often in order to ensure that the legislation does not go beyond what is necessary for the purpose of crime investigation. In addition, the development of law and society indicates that the powers of law enforcement authorities will need to be adapted further. Discussions on efficiency and personal integrity are thus important in order to maintain legal security.