Traditionally evidence was gathered in physical form. After the invention of photography it became common practice to take photographs at the crime scene and present the photographs along with other evidence. With the digital revolution and following usage of electronic devices in almost all aspects of life it became necessary to allow evidence extracted from electronic devices, especially with electronic storage capacity, for use in judicial proceedings. We call such evidence ‘electronic evidence’.
In modern judicial practice electronic evidence is no different from traditional evidence, so it is mandatory that the party introducing it into legal proceedings is able to demonstrate the evidence was left intact from the moment it was collected – including the collecting process.
It must be stressed that electronic evidence, being usually much easier to manipulate than traditional forms of data, requires great care when handled to be admissible in a court of law. The seizure, custody, control, transfer, analysis and disposition of the evidence must be chronologically documented in a proper way constituting a ‘Chain of Custody’ (CoC).