INTERNATIONAL JOURNAL OF LATEST TECHNOLOGY IN ENGINEERING,
MANAGEMENT & APPLIED SCIENCE (IJLTEMAS)
ISSN 2278-2540 | DOI: 10.51583/IJLTEMAS | Volume XV, Issue V, May 2026
European academic discourse highlights the GDPR's emphasis on accountability, while simultaneously
acknowledging its limitations in fully safeguarding users from data misuse by platforms like Android and iOS
(Ucar & Yalcintas, 2023). Article 48 explicitly forbids data transfers predicated solely on third-country
directives, such as those stemming from the CLOUD Act, unless they are supported by international accords
(Voigt & von dem Bussche, 2024). This creates a persistent "compliance dilemma," wherein the extraterritorial
scope of U.S. Legal frameworks can conflict with EU data sovereignty (Amoo et al., 2024). Moreover,
comparative studies show that these different regulatory systems hinder the efficient gathering of evidence in
international investigations.
The AI-Admissibility Challenge: Opacity vs. Integrity
A growing body of work warns that AI-informed evidence must satisfy thresholds of integrity, authenticity,
reliability, and methodological transparency to be judicially admissible (Okunrobo Perez, 2025). Concerns
include authenticity, tampering prevention, chain of custody, and methodological transparency, potentially
extending trials (Gentry, 2024). Traditional chain of custody practices, which are system-focused and
infrastructure-driven, need to be improved to better serve digital forensics (Nath et al., 2024). In Nigeria, for
instance, the admissibility of AI-generated evidence is complicated by the stipulations of the Evidence Act (Orji,
2024). AI may yield errors from biases or opacity, threatening fair trials (ALF, 2025). Furthermore, global legal
cases, including those involving self-driving vehicles, illustrate how the absence of established standards can
impede judicial processes (UNESCO, 2023). Consequently, conventional chain-of-custody protocols, which
were developed for physical evidence, are insufficient for managing AI-generated digital outputs.
Governance and Non-State Actor Exclusion
Algorithmic accountability research highlights the potential for "black box" systems to undermine defendants'
rights and due process (Dou & Dou, 2025). Algorithmic transparency detects discrimination and complies with
data security, aligning obligations with standards (Zharova, 2023). A cloud governance framework integrates AI
automation, security, and compliance for risk management (Folorunso et al., 2024). Inadequate international
collaboration, varying frameworks, and judicial misunderstandings hinder progress (Olber, 2021). Further study,
examines the ethical and regulatory aspects of Explainable Artificial Intelligence (XAI), proposing standardised
methods to guarantee fairness, accountability, and compliance with rules in AI implementation (Chinnaraju,
2025).
Moreover, Current cross-border legal solutions primarily emphasize state-to-state mechanisms like MLATs and
CLOUD Act agreements (Perault & Salgado, 2024). But both agreements overlook the pivotal role of Cloud
Service Providers (CSPs) as key gatekeepers of evidence (Chivers, 2019). However, MIP-AIDE will develop
service-level agreements (SLAs) and governance integrating CSPs, resolving compliance dilemmas.
However, the existing body of research reveals three significant shortcomings:
A lack of operational guidelines for balancing extraterritorial obligations with the safeguarding of
national sovereignty, referred to as the protocolization gap;
The absence of uniform technical standards for the judicial validation of AI-generated evidence, referred
to as the AI-admissibility gap;
The exclusion of CSPs from governance frameworks, despite their crucial function as data custodians,
which constitutes the non-state actor governance gap.
The identified weaknesses directly relate to the challenges mentioned in this paper, thus confirming the
limitations of fragmented national or bilateral approaches.
RESEARCH METHODOLOGY
The research project will use a mixed-method approach incorporating doctrinal legal analysis, analytical
benchmarking, and design science research (DSR).
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