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Sayfa 156
6.Comparative Issues to be Addressed
| What are virtual voice assistants and how do they work? Find the relevant criminal procedure legislation in your country! Go to https://www.apple.com/legal/transparency/ and look up the transparency report on data requests from your government for the latest available period/year. Summarise the data with special regard to requests where data was provided and to requests denied! See if the 2nd additional Protocol on enhanced cooperation and disclosure of electronic evidence of the Convention on Cybercrime (Budapest Convention) has been adopted! If so, does it change the legal landscape? How and why? What impact does the development of digital technology have on the operation of courts? What are the benefits of using videoconferencing in criminal proceedings? What are the fundamental concerns in connection with using videoconferencing in criminal proceedings? What does the principle of equality of arms mean in criminal proceedings? According to your national criminal procedural regime, is video-conferencing optional or an offer that your court cannot refuse? Is it possible in your country to have a video-conference hearing elsewhere, other than in courtrooms? During a video-conference hearing, who is the person in charge in the separated location? Is it possible for the counsel and the defendant to consult with each other privately during the remote hearing?According to your national criminal procedural regime, is it necessary to record the video-conference hearing? Can the video-conferencing system available in your country also be used for international videoconferencing? What are the general threats relevant to data in effectively operating a predictive policing algorithm? Why does big data change the way a predictive policing algorithm works? Why do biometric data fall under the special categories of personal data? What kind of problems do facial recognition systems raise by processing personal data? What does it mean for law enforcement bodies in an EU member state to be a subject of different legislation if they process biometric data within the scope of law enforcement activities? Evaluate the proposed AI Act from the aspects of processing biometric data by law enforcement bodies. Discuss what solutions you could offer in order to solve the identified problems during your evaluation. Suppose there would be a legislative proposal similar to the AI Act regulating artificial intelligent systems used by law enforcement bodies in Turkey. What rules would you think of including in the legislation proposal initially? What sort of covert investigative methods (secret data gathering) is provided for by the criminal procedural law of your country? Which of these require judicial or prosecutorial authorisation? Does the criminal procedural law of your country provide rules for the application of trap servers (or similar covert methods)? Does the criminal law of your country provide for separate rules for accessories (accessory participation in criminal offences)? What is the difference between instigation and abetting? Could the operation of a trap server be regarded as instigation or abetting? |
