Digital and Electronic Evidence in Court

One of the most common problems regarding the use, storage, or transfer of digital and electronic evidence in court is the type and format of records demonstrating the objectivity, accuracy, security, and reliability of data. Thus, digital records that can be affected by gossip are an evidentiary difficulty. The regulation stops people from offering testimony that cannot be adequately questioned because they do not have the background information to do so. In the case of digital evidence, a general ban on hearsay-based evidence is crucial because it is not always possible to determine who developed it. The truth is that many people could have created the final version of the computer document; therefore, there may be problems with acceptability.

In this case, to eliminate the identified issue and minimize potential risks, judges are recommended to transfer relevant digital evidence to IT experts. Hence, specialists will help determine the quality and trustworthiness of data through in-depth analysis and examination using special hardware, software, and other relevant strategies. Ultimately, the results will give an accurate answer regarding the authenticity or falsification of details. As practice shows, this procedure is necessary to realize fair and equal treatment for each party (Committee of Ministers of The Council of Europe, 2019). Therefore, this approach is not a whim or a desire of judges but a requirement fixed at the legislative level. Accordingly, the non-fulfillment of obligations under a supply contract can be cited as an example. In this situation, it is necessary to carefully and thoroughly study parties’ correspondence regarding the performance of a contract and the type of agreement between parties. Moreover, it is essential to determine the IP addresses of the messages transmitted.

Reference

Committee of Ministers of The Council of Europe. (2019). Electronic evidence in civil and administrative proceedings. Council Of Europe.