While the ECtHR has not yet ruled on the most recent investigation techniques such as hacking, open-source investigation or predictive policing, it has nevertheless set minimum safeguards in relation to other investigatory developments, such as digital search and seizure, location tracking and bulk interception of communications. In this article, we conduct a brief overview of recent ECtHR jurisprudence concerning several types of digital investigation powers.12 In our overview, we place particular – although not exclusive – focus on post-2010 case law and organise it in relation to the five types of digital powers on which the Court has recently ruled: the creation of police databases, digital search and seizure, location tracking, the collection and processing of traffic data, and bulk interception of communications.
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