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Once used mainly by police and security forces, the use of digital forensics within civil eDiscovery and electronic disclosure is proving more commonplace. In this video, CYFOR eDiscovery Project Manager Luke Holden explains that there are two main reasons why it is important to collect data using forensically sound tools and techniques.
One reason is to do with efficiency. Data may sit on remote email servers, decommissioned computers or mobile phones and iPads. These may be hard to access both physically and in terms of the skills and tools needed to extract the data. Engaging an expert may actually reduce the overall costs of the exercise.
The other, and perhaps more significant, reason is the need to preserve and capture data in a way which cannot be subsequently challenged. The kind of drag and drop collection which the company might do for itself can alter the dates and times of creation of documents, or inadvertently falsify the date on which they were sent. Utilising appropriate forensic tools and techniques removes this possibility.
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