This paper has been written for a 6 ECTS course at the Radboud University Nijmegen in collaboration with Robert van den Berg, Hugo Ideler and Jeroen Slobbe.

In this legal memorandum, the current legislation regarding remote search is analysed, taking into account privacy and data protection laws. The technical facts about remote searching are presented along with a formal definition. Then, the current legislation on EU level is discussed as well as some specific remote searching examples from member states.

Centrally discussed is the case of the German “Bundestrojaner”, a Trojanhorse like remote searching utility, used by the German authorities which received much criticism. In this discussion, the focus lies on privacy and data protection issues, stressing the problems caused by remote searching. Finally, an advice is given for solving these problems associated with remote searching, both to the Courts on how to use existing legislation to minimize these problems as well as to the EU legislator whether new legislation is necessary.

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