Establishing chain of custody is important for maintaining the authenticity of the evidence. Without a proper chain of custody record, you risk having the evidence being rejected, and even run into spoliation issues. This often results in losing the legal case, and sometimes receiving hefty fines for violation of the duty to preserve evidence.
Here we will look at some of the common challenges faced by organizations in establishing a chain of custody for digital evidence, and also a viable solution to the problem.
Establishing Chain of Custody for Electronic Evidence
All big firms currently face an issue in how to establish a chain of custody for electronic evidence. Most organizations do not have the proper processes in place for maintaining integrity of the digital evidence. This usually has a negative impact on the court outcomes.
Let’s take a look at some of the common problems faced by organizations in maintaining the integrity of evidence with solid chain of custody.
The most common problem faced by organizations regarding the chain of custody for electronic evidence is binding integrity. Binding the identity of the signer who has accessed the digital evidence is not easy. A valid time stamping method should be used to ensure binding integrity. Without this, the court may question the authenticity of the electronic evidence.
Modification of Data
Another problem relates to modification or deletion of the evidence. Whether the electronic evidence is in the form of a digital document, surveillance video, audio record, or a scanned statement of a customer, or whistleblower, the evidence can be modified or deleted. The ease with which the electronic document can be manipulated proves to be problematic in securing the chain of custody.
Lack of Effective Access Control
The traditional process of access control is not effective for establishing integrity of the electronic evidence. Every time a person examines a digital data, there is an increased chance of alteration of the evidence — at least that’s what the defence attorney will allege.
The Solution for your chain of custody situation
With our electronic evidence management software eDCaseMAN, we will ensure the management of the chain of custody as soon as a case gets started! Enabling you as an organization to overcome the challenges involved in maintaining the management of digital evidence integrity.
eDCaseMAN establishes a chain of custody audit log from initial case request until the collection of data has been completed, making the data available for other sophisticated processing and reviewing software. Our software processes are totally flexible and can be fit into any customer environment. Furthermore, all case participants will be guided with best practice from the start.
eDCaseMAN enables control tracking, monitoring, and tracing of the case and its requests through our intuitive dashboards which are available on all platforms from desktop through tablet to mobile.
The eDCaseMAN chain of custody audit report ensuring all actions are documented:
– Request information
– Action executed
– Executed action type
– Where in the request process the action was executed
– Person executing the action
– New and old value by change of data
eDCaseMAN chain of custody solution, supports the binding integrity and authentication activities of the electronic evidence. Every action regarding the electronic evidence is logged automatically, enabling the data stewards (IT) to execute their physically activities correct and in an informative way.
Do you have any questions regarding further capabilities of eDCaseMAN or would like to have a product demo? You can contact us by sending an email at firstname.lastname@example.org.