Admissibility
of Digital
Evidence
Objectives
Understand the legal framework for Identify the requirements for
the admissibility of digital evidence. presenting digital evidence in court.
Discuss common challenges and
best practices.
What is Digital Evidence?
Definition:
Any information stored or transmitted in digital form that may be used in legal proceedings.
Examples:
Emails, text messages, social media posts.
Computer files, logs, and metadata.
Data from mobile devices, cloud services, and IoT devices.
Legal Framework
Governs the R.A. 10175
Rules on Electronic
admissibility of (Cybercrime
Evidence (A.M. No.
electronic documents Prevention Act of
01-7-01-SC):
and digital evidence. 2012):
Establishes standards Ensures evidence
for handling and Chain of Custody integrity from
preserving digital Rule: seizure to court
evidence. presentation.
General Requirements
for Admissibility
Relevance:
The evidence must be directly related to
the case.
Authenticity:
•Must be proven to be what it purports to
be.
Integrity:
Evidence must remain unchanged from the
time it was obtained.
Compliance with Legal Procedures:
Must follow laws on search, seizure, and
preservation.
Authentication of Digital Evidence
Methods of
Testimony of a person who created or
witnessed the creation of the evidence.
Authentication:
Comparison with an authenticated reference.
Hash values to confirm integrity.
Tools Used in Forensic tools like EnCase,
FTK, or open-source
Authentication: solutions.
Chain of Custody
Definition: Documentation showing how
evidence was collected, transferred, and stored.
Date, time, and location of evidence collection.
Key Components: Names of individuals handling the evidence.
Purpose of each transfer.
Best Practices for Preserving Integrity
01 02 03 04
Use Write Create Hash Secure
Blockers: Forensic Verification: Storage:
Prevent Copies: Work Use MD5 or Protect
alteration of with duplicates, SHA-1 hashes to evidence in
original data. not the original confirm data tamper-proof
evidence. integrity. environments.
Admissibility of Electronic Documents
Electronic Signature: Required under the Electronic Commerce
Act (R.A. 8792) for certain documents.
Proof of Authenticity: Testimony or expert witness confirming
reliability of electronic signatures.
Common
Challenges
Tampering and Alteration:
Claims that evidence was fabricated or modified.
Lack of Proper Preservation:
Mishandling evidence can render it inadmissible.
Jurisdictional Issues:
Difficulty accessing data stored abroad or on
cloud servers.
Encryption and Passwords:
Difficulty accessing secured devices or files.
