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Computer forensics: How important are they?
Computer forensics is essential to prove the authenticity and veracity of electronic documents in judicial proceedings, allowing to determine the integrity of the files and the authorship of the electronic signature used.
Additionally, it is important to note that the technical difficulty of providing the computer tools that contain email messages to the process may require expert evidence to determine the authenticity and integrity of the emails provided in paper form.
Furthermore, the lack of an expert report issued by an appropriately trained IT expert may affect the validity of evidence in cases of labour disputes.
The importance of electronic evidence in trials.
The Electronic evidence in trials includes documents in electronic format, emails, messages via electronic messaging channels, social networks, audio and video recordings, and other electronic media.
Additionally, it is important to highlight that jurisprudence recognizes the nature of documentary evidence in electronic documents, including emails and other electronic media, as long as their authenticity is proven and they are provided in accordance with the provisions of current doctrine and regulations.
However, the image and sound recordings played at the trial are not considered documentary evidence, unlike emails, which have been recognised as such. Furthermore, it is noted that the electronic signature has the same legal value as the handwritten signature in relation to data recorded on paper.
