Computer crime investigation process in Sri Lanka : comparative analysis with UK and EU laws

Abstract

The rapid advancements in the field of Information Technology have rendered several positive impacts for carrying out normal daily tasks easily and successfully. As a result of that, the usage of computer related systems have grown fast by attracting more people. Despite all the advantages that can be gained through such computer systems, negative impacts have also started to emerge in the form of “Computer Crimes”. Since these crimes are making challenges in various ways it is utmost important to prevent and control them. The Computer Crime Investigation is the procedural and systematic way that is used to conduct legal investigations on computer crimes in preventing and controlling such crimes through revealing the real criminals behind any offence. Thus it is crucial of having a strong legal framework that consists of validated laws which render a proper investigation process for any computer related crime. This study focused on addressing the sufficiency level of existing laws related to Computer Crime Investigation in Sri Lanka in combatting the computer related crimes through strengthening out the process of computer forensic which used to present legally admissible evidence to the court. For identifying any loophole the research was conducted as a comparative analysis with UK and EU laws in the same context. The qualitative research approach has been adopted as a combination of interviews and library based research to gather data. Key findings were extracted based on the analysis. Thus, the research reached out to the implication that the existing laws in Computer Crime Act are not sufficient to conduct proper investigations. According to the data gathered via interviews and library research, this study has provided recommendations to strengthen the current legal framework. Meanwhile the research pointed out EU and UK law areas which have the possibility of adopting into existing Sri Lankan laws.