Security of information of protected witnesses and victims of crime as a protection measure

Abstract

People who become victims or witnesses of crimes, especially those requiring elevated levels of protection in criminal proceedings—such as those granted the status of protected witnesses, victims of gender-based violence, or minors—are subjects of rights to whom such circumstances should not result in additional harm. During legal proceedings, corresponding to their condition and the level of risk attributed to them, they must be effectively protected. Among the guarantees of their fundamental rights, in the fully digitalized world in which we live, the safeguarding of their personal data and information affecting them is of particular importance. This measure constitutes a basic element necessary to guarantee the rest of the measures that need to be adopted, considering that the extensive use of Information and Communication Technologies (ICTs), the everyday use of cyberspace, computer tools, and Artificial Intelligence (AI) is widespread globally. This results in increased difficulty in achieving optimal security levels. Insufficient knowledge, lack of awareness, and difficulty in effectively applying legislation increase the chances of identification, tracking, and locating individuals, thereby significantly raising the difficulty in protecting them.