How to ensure the legal validity of a digital forensics expert report

Before hiring a digital forensics service, it is essential to ensure that the professional in charge is properly authorized to act before the courts. In recent years, the number of expert reports dismissed in court has increased significantly, mainly due to having been issued by individuals lacking the required qualifications or legal authorization. Such situations may constitute professional intrusion and render the submitted expert evidence invalid.

A clear example is found in Judgment 531/2017 of the High Court of Justice of Madrid, Social Chamber, dated July 19, 2017, which declared the dismissal of an employee unfair, among other reasons, due to the lack of validity of the digital forensic report presented by the company. In the legal grounds, the presiding judge stated the following:

“The ruling under appeal is essentially based on the ineffective and invalid expert evidence provided as the sole justification for the allegations made in the dismissal letter […] The first reason is that the expert presented by the company lacks an official qualification in computer science. Additionally, the informal nature of the expert analysis and the questioning of the chain of custody are highlighted. There is also a specific mention of the violation of the plaintiff’s right to privacy during the inspection of the computer equipment. Ultimately, the defects in the expert procedure prevent the court from assigning probative value to this evidence.”

This case clearly demonstrates that a technical report can only be considered valid evidence if it has been prepared by a certified and legally authorized computer forensic expert, in compliance with the principles of legality, impartiality, chain of custody, and fundamental rights such as privacy.

In our FAQ section, you will find useful information to help determine whether a forensic expert report meets the legal requirements demanded by the courts.