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Digital evidence is extremely volatile material. The admissibility of evidence is regulated by a complex formula of domestic law, international law and precedent. It is also influenced by codes of practice and technical constraints.
ISO/IEC 27002 provides the following advice regarding the collection of evidence:
'Collection of evidence; where action against a person or organisation after an information security incident involves legal action (either civil or criminal), evidence should be collected, retained, and presented to conform to the rules for evidence laid down in the relevant jurisdiction(s)." It goes on to add, "To achieve admissibility of the evidence, the organisation should ensure that their information systems comply with any published standard or code of practice for the production of admissible evidence'.
There is a legislative framework for Digital Forensics established under the:
Most 'good practice' has been established by:
Other legal and contractual considerations that need to be taken into account include:
Please refer to our Legislation section for further information. Please note that these pages are designed to provide guidance and information; they are not intended to replace legal advice.
