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Technology is present in the modern world in the form of gadgets and screens while invading regular life with digitalization. This matter causes the rise in the importance of digital evidence while being a driver for the establishment of a new branch in the legal sphere related to cyber law. In this case, the digital evidence could be defined as “any digital data that may be used to establish that the crime has been committed” (Don, 2010, p. 22; Purpura, 2013).
In this instance, the critical goal of this essay is to highlight the importance of digital evidence while using examples and providing the guidelines for the working place. In the end, the conclusions are depicted to offer a clear understanding of the importance of the discussed concept and its need to comply with the established legal system.
In this case, digital evidence is highly important in the modern world, as it contributes to the understanding of the presence of crimes. Meanwhile, it assists in the clear identifications of the suspect, as some types of information are only present in the digital form (Casey, 2011; Cruz-Cunha & Portela, 2014). In turn, it eliminates the possibility to minimize the existence of the information since it could be retrieved from electronic and digital resources (Casey, 2011).
For instance, the employee could destroy the hardware on purpose while digital data could still be retrieved. It could be said that a combination of these aspects emphasizes the importance of digital evidence while making it one of the most critical attributes of the modern legal system.
In this case, one of the guidelines is the clear definition of the different types of information while presenting the possibility of the certain type of data gathering in the company’s Code of Conduct (International Competition Network, 2010). This matter will assist in the minimization of the occurrence of the legal problems related to the violation of the rights of the employees and determine a connection of the firm’s actions to the company’s framework. In turn, another guideline should be related to the fact that the conflicts with the information manipulations and theft could occur with the rival firms. In this case, depending on the level of information, the company might need to address the third party and a legal consultant to find relevant responses to the issues (International Competition Network, 2010).
The third guideline could be related to the establishment of a sufficient action plan, which will determine the overall procedure and steps in the data gathering and acquiring. In this instance, the primary steps will be associated with the collection of the required information while complying with the legal concepts and principles, preservation, processing, and analysis (International Competition Network, 2010). These stages are critical, as they define the overall decision-making process while ensuring compliance with the functioning of the organization.
In the end, it could be concluded that digital evidence is an important attribute of the modern legal system, as it provides a novel level of proof for the occurrence of the crimes. The depicted findings and examples could be utilized as the basis for the decision-making while the guidelines contribute to the understanding of the overall framework of the digital evidence and the necessity to follow the legal aspects.
References
Casey, E. (2011). Digital evidence and computer crime: Forensic science, computers, and the Internet. Amsterdam, Netherlands: Elsevier.
Cruz-Cunha, M., & Portela, I. (2014). Handbook of research on digital crime, cyberspace security, and information assurance. Hershey, PA: Information Science Reference.
Don, K. (2010). Digital business security development: Management technologies. Hershey, PA: Information Science Reference.
International Competition Network. (2010). Anti-cartel enforcement manual. Web.
Purpura, P. (2013). Security and loss prevention: An introduction. Waltham, MA: Elsevier Butterworth-Heinemann.
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