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St. Martin Conference 11 November 2010 Mr. Miriam van Heyningen M.Juris (Oxford)

The NMa’s investigation procedure for analogue and digital data Relevance for the Czech Republic. St. Martin Conference 11 November 2010 Mr. Miriam van Heyningen M.Juris (Oxford). Purpose of this presentation. To indicate how you can profit from the NMa’s

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St. Martin Conference 11 November 2010 Mr. Miriam van Heyningen M.Juris (Oxford)

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  1. The NMa’s investigation procedure for analogue and digital data Relevance for the Czech Republic St. Martin Conference 11 November 2010 Mr. Miriam van Heyningen M.Juris (Oxford)

  2. Purpose of this presentation To indicate how you can profit from the NMa’s investigation procedure for (analogue and) digital data: • Possibilities for, desirability of and expectations concerning informal harmonization within the EU • Similarity in legal background between NL, CZ and EU • Outline of the NMa’s procedure for digital data in practice

  3. Informal harmonization within the EU • Possibilities • Same it-technigues • Similar legal background • Similar interests • Limited amount of digital data less impact on undertakings’ rights • Limited amount of digital data better to handle • Digital data available at an earlier date • Desirability • Profiting from each others experience • More legal certainty • Expectations • European Commission • Member States

  4. Similarity in legal background between NL, CZ and EU • Sufficiently limited scope of the investigation required (no fishing expedition): • Article 8 ECHR: right to a private and family life • Dutch law provisions: • Power to do a targeted inspection and copy data; • Proportionality principle • Dutch case law • Sufficiently limited scope of the investigation is decisive and not the content of the copied data • When is the scope of the investigation sufficiently limited? • “Within scope” are those data that could reasonably fall within the purpose of the investigation based on their nature or content (not “relevant”) • “Possibly out of scope”-data require a further limitation in scope (in the presence of the undertaking)

  5. Outline of the NMa’s procedure for the investigation of digital data in practice: “Preferred method” inbox a and b, part of file-server a and b, labtop a, usb-stick b static dataset (sealed) search questions “within scope” “possibly out of scope”

  6. Questions or other reactions?

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