Guidelines call for Tighter Digital Evidence Controls
The report released in April, sponsored by the Department of Trade & Industry,
highlights the fact that most businesses are a long way from having a security aware
culture.
The Insolvency Guidance Papers offer advice relating to the control of records and are
adopted by a variety of governing bodies including The Law Society, ACCA and The
Insolvency Service.
It is the first of its kind to specifically address computer based information, and
acknowledges the argument that Insolvency Practitioners are indeed responsible for the
integrity of the evidence held on computers. It is designed primarily to protect Insolvency
Practitioners should there be a third party investigation into their case or the matter be
referred to court.
The guidelines advise that “steps are taken to safeguard records” using a “formal
recording process”. It urges practitioners to consider how to deal with electronic records
adding that “an insolvency practitioner should be able to show that any system is applied
consistently and that staff are trained in its use”.
The Technical Release echoes the continual advice issued by computer forensic
professionals relating to the correct handling of computer based evidence,
as stipulated in the Association of Chief Police Officers guidelines.
In any situation where computer based or digital records may be referred to in a court of
law it is essential that they are secured, collected and processed by qualified professionals
adhering to appropriate police guidelines. A typical IT department will not have the
knowledge or specialist equipment to conform to these guidelines, and in the process of
‘having a look’ at the information collected, could in fact be destroying potential
evidence.
The Insolvency Practitioner guidelines also address the disposal of records stored on
digital media. In liquidation cases computers and digital media may be sold on to a third
party to recover funds for creditors; Insolvency Practitioners continue to be responsible
for the data contained on these computers. In the event of a criminal investigation, if
incriminating evidential records have not been preserved, the Insolvency Practitioner
could be liable for prosecution for the destruction of Crown evidence.
Joel Tobias from Computer Forensic Company CY4OR comments on the scale of the
undertaking that is being asked of the Insolvency Industry:
“The volume of information involved in all types of insolvency cases is likely to consist
of hundreds of thousands of documents which could be stored on a variety of different
media in a range of formats; the preservation of which is an enormous not to mention
risky project for anybody other than a trained professional to undertake.”
He continues “An appropriate system of control to ensure the integrity of the evidence
held on the computers would involve imaging and copying the data in a forensically
sound way. If these methods are implemented at the start of an investigation, we can
prove any changes to the data have not been made by the Insolvency Practitioner,
therefore protecting them from prosecution. The data will also have been preserved,
enabling us to assist in any subsequent investigations that may result.”
Outsourcing of these procedures may realistically prove be the most appropriate route to
take in these cases. Insolvency News produced by the Professional Standards Office,
advises that should IP professionals be concerned about their position at any stage during
a case, ‘then specialists should be consulted about the maintenance of the integrity of the
data, computers, and evidence which may be required in a criminal investigation’.
A reputable computer forensic company such as CY4OR are Law Society registered, and
adhere to ACPO guidelines when dealing with computer based evidence, to ensure
evidential integrity and support all investigating parties.
By Chris Marks, Forensic Investigator at CY4OR.
Member of the Association of Accounting Technicians, Formerly of Baker Tilly and
Ernst & Young Chartered Accountants.
|
Press Releases
