DIGITAL RIGHTS: Session I: Project findings: guidelines for practitioners.
The first session of the conference, dedicated to the findings of the Digital Rights project, explored the challenges posed by the digital transformation of the criminal justice system. Through presentations by Paola De Franceschi, Sarah Holland, Sergio Bianchi and Stefanie Knaab, the discussions highlighted the need to safeguard fundamental rights and procedural safeguards in an environment characterised by the rapid development of digital evidence and artificial intelligence.
A rapidly evolving European framework
Opening the session, Paola De Franceschi, a judge at the Venice Court of Appeal, pointed out that the digital transformation of the justice system now forms part of an increasingly structured European regulatory framework. She outlined the key texts shaping this development, notably the European Declaration on Digital Rights and Principles and the European Regulation on Artificial Intelligence (AI Act).
Her speech placed particular emphasis on remote biometric identification technologies and the risks they may pose to individual freedoms. Whilst acknowledging the potential of these tools for criminal investigations, she emphasised the need to strike a balance between technological innovation, the effectiveness of investigations and the protection of fundamental rights.
The findings of the Digital Rights project and the ‘Soft Guidelines’
Sarah Holland, a researcher and lecturer specialising in human rights at the HFOV (Germany), then presented the main findings of the Digital Rights project. Drawing on a comparative analysis of the implementation of European directives on procedural rights, the project highlighted several shortcomings in the consideration of digital evidence and artificial intelligence in criminal proceedings.
The work carried out through various European workshops has resulted in the production of two key outputs: a Risk Assessment and Mitigation Plan and practical recommendations for legal practitioners (Soft Guidelines for Practitioners).
These guidelines are based on several key principles:
- providing those affected with prompt and effective information about their rights;
- effective access to digital evidence;
- the opportunity for the defence to understand and challenge the results produced by digital or algorithmic tools;
- ensuring that human oversight is maintained over any decision affecting individuals’ rights.
The recommendations place particular emphasis on the ‘Human-in-the-Loop’ principle, according to which no decision with significant legal consequences should be based solely on an artificial intelligence system.
The challenges of digital evidence and artificial intelligence
The presentation by Sergio Bianchi, Director of the Agenfor, International Foundation, provided an in-depth examination of the issue of digital evidence in contemporary criminal investigations. He highlighted the exponential increase in the volume of data available to judicial authorities, whether in the form of content from mobile phones, social media, connected devices or open-source intelligence (OSINT).
Whilst these new sources of information offer unprecedented opportunities for investigations, they also raise important questions regarding procedural fairness. An understanding of the methods employed, transparency regarding the tools used, and the defence’s access to comparable technical resources are now recognised as essential conditions for upholding the principle of adversarial proceedings.
The speaker thus emphasised that the use of artificial intelligence in data analysis cannot be envisaged without control mechanisms to ensure the reliability, explainability and challengeability of the results produced.
Technology in the service of victim protection
Taking a more practical approach, Stefanie Knaab, a representative of the German NGO Gewaltfrei in die Zukunft, presented an initiative designed to support victims of domestic violence. She outlined the features of the ‘Camouflage App’, developed as part of the Gewaltfrei in die Zukunft project.
This app enables victims to discreetly document incidents of violence, securely store evidence and receive appropriate support. In particular, the system incorporates time-stamping mechanisms designed to guarantee the authenticity of the information recorded – a particularly important aspect at a time when generative technologies are making it easier to create falsified content.
Available at the following address: https://www.gewaltfrei-in-die-zukunft.de/en/app, this initiative provides a practical example of how digital tools can improve access to justice whilst addressing the challenges posed by new technologies.
A shared commitment: placing fundamental rights at the heart of innovation
Despite the wide range of topics covered, the presentations during this first session all pointed to a common conclusion: the digitalisation of the justice system and the rise of artificial intelligence offer considerable opportunities, but must not be implemented at the expense of procedural safeguards.
Whether it was the regulatory framework presented by Paola De Franceschi, the recommendations drawn up as part of the project by Sarah Holland, Sergio Bianchi’s reflections on digital evidence, or the practical example outlined by Stefanie Knaab, all emphasised the importance of maintaining transparency, human oversight and equality of arms in the justice system of the future.
The session thus highlighted a key challenge for the coming years: ensuring that technological innovation remains a tool in the service of fundamental rights and the rule of law, rather than a factor that undermines judicial safeguards.
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