Using Data You Didnt Know Existed in Litigation

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In the digital-focused world of today, most of our activities rely on working with computers using mobile GPS systems or smart devices. The regular use of technology has clear advantages and benefits, but very few people understand the scope of data available from the devices that we use, and how this data can be obtained. This data can be extremely useful for lawyers as proof of innocence or guilt in legal matters. Below are some examples of data locations where you may never have thought to look for evidence.

Social Media

When deleting a social media account, or data from a social media account, information can be held for 30 days or more before being removed entirely. In an attempt to hide incriminating evidence, a person may attempt to remove their account or activities. Deleted information becomes harder to recover as time goes by, so it’s necessary to act quickly to obtain content contained on social media platforms.

Google Data

Google tracks and logs location activity through applications like Chrome, Android Devices, and Google Maps back to the users Google account. To check the activities that are stored on your Android device, open Settings → Google → Google Account → Data & Personalization → Activity & Timeline → My Activity.

iPhone Data

iPhones track their location, most of the time without the user noticing. It also logs location data in photos, and through applications like Find My iPhone and Apple Pay. You can find this information in Settings / Privacy / Location Services / System Services on iOS devices.

Some Useful Tips

  1. Act with urgency: The minute you become informed of any digital evidence, it’s necessary to enforce a legal hold, even if it’s unintentional, to prevent deletion. Although most of this data can be gathered, consideration may be given to time constraints.
  2. Assume the data can be forensically collected: Assume the information you seek is being tracked. If there’s an account that is connected to the internet, the data may be stored on a computer or transmitted to the cloud. Be sure to consult forensic experts about the relevant data sources for your case to see if you can check them or subpoena for evidence.
  3. Just because it’s not possible now doesn’t mean it won’t be in the future: Technology is changing. The good news is that forensic investigation tools are continuously improving too. We have more resources and choices each year than the previous, and we’ve no idea what our capabilities will be in the future.
  4. Consult a forensic professional: Experts in other technology industries are not generally acquainted with evidence-preservation methods, and do not use the same resources and processes to ensure the data is collected in a defensible way. This potentially makes it unusable in legal issues. It is important to speak with a certified forensic expert to investigate the case and to locate the possible locations that could store relevant data.

For more information on digital forensics, contact the team at ServiceScaler today.


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