Digital Evidence & Legal Tech Safety Checklist

A checklist explaining how digital tools relate to evidence, privacy, and court-admissible documentation.

Digital Evidence Checklist

Preserving Digital Evidence Legally

When preserving digital evidence, it is important to maintain the integrity and authenticity of the data. Common forms of evidence include:

• Screenshots or screen recordings that clearly show relevant communications or images.
• Metadata, such as timestamps, sender/recipient information, and file properties.

Always capture evidence in a way that does not alter or delete original data. Avoid using methods that modify metadata or file details.

What May Be Admissible in Court

Admissible digital evidence typically must be relevant, authentic, and obtained legally. Courts may consider:

• Original or properly preserved copies of electronic communications and files.
• Metadata that supports the authenticity and timeline of the information.
• Documentation of how evidence was collected and maintained.

Chain of Custody Basics

The chain of custody documents the handling of evidence from collection to presentation. Maintaining this helps establish evidence credibility.

• Record who collected, accessed, or transferred the evidence.
• Keep evidence in a secure and unchanged state.
• Use logs or written statements to detail dates, times, and actions taken.

Account Access and Password Management

Secure access to accounts involved in the case by:

• Changing passwords only if it will not violate legal rights or ongoing investigations.
• Backing up data securely before making changes.
• Keeping records of any changes made to accounts or security settings.

Risks of Shared Accounts

Shared accounts can complicate establishing authorship or ownership of digital content. Consider:

• Documenting who has access to the account.
• Noting any shared passwords or related security details.
• Preserving evidence showing specific user activity where possible.

Device Monitoring and Legal Relevance

Monitoring devices may reveal useful information but can be subject to legal restrictions.

• Consent and legal authority are critical before accessing or monitoring devices.
• Data collected without proper authorization may be inadmissible.
• Consult relevant laws to understand permissible monitoring practices.