Digital Forensics is a branch of forensics that deals with material found in digital devices, from extraction to improving its quality to present to the court. Cyber forensic experts are no strangers to facing ethical dilemmas, and how they navigate them upholds the integrity of the field.
Here are some of these dilemmas and how to overcome them:
Privacy
A digital Forensic expert becomes exposed to sensitive information. It is unavoidable with the nature of their job. They must balance respecting people’s privacy rights and ensuring access to the evidence. They also must be well-versed in all laws related to privacy in digital forensics.
To that end, they must ensure the sensitive information they possess remains safe from being stolen or sabotaged through secure storage and encryption.
Sensitive Data
Often while on the job, a digital forensic engineer comes across sensitive data, especially during forensic image analysis and cell phone forensic services. That is why they should not begin any work on a device without appropriate legal consent.
Once they have access to someone’s personal information, they must be highly selective with who they share it. Only information that is directly aiding a legal investigation should be disclosed to the appropriate authorities. Anything else must be kept away from unnecessary viewership.
Objectivity
The forensic data collected during an investigation increasingly holds more weight in court with more tech-savvy judges, lawyers, and jury members. In times like these, cyber forensic experts must never let any personal biases guide their decisions.
Since harboring preconceived notions can prove dangerous in this field, experts should stick to scientific methods while analyzing evidence. Sticking to well-established standards of operation, such as those outlined by ISO or NIST, is recommended. Remember that personal biases can help skew people’s opinions, and in that state of mind, manipulating evidence to stick to your notions is not too difficult.
Consent
There is a world of difference between consent and informed consent. While most professionals feel alright disregarding this, a digital forensics expert understands the importance of someone’s willingness while being investigated.
If someone does not give their consent and all legal avenues of acquiring the devices in question have been explored, there is no choice left but to leave them alone. In no way is it alright to coerce someone into sharing their private information if they don’t have to and don’t want to.
Reporting
While reporting their findings, digital forensics experts must be accurate and unbiased. They should also not report any information unnecessary to the ongoing investigation. It is important to protect the privacy of individuals while also ensuring not to obstruct a criminal investigation.
There is one case in which reporting additional information is necessary. It’s when the forensics expert finds evidence for another crime that the state has mandated reporting on.
Conclusion
Cyber forensic experts navigate many morally grey areas in their line of work. They are responsible for keeping sensitive information safe, honoring consent, and being mindful of people’s integrity while at the same time providing invaluable information and evidence during legal investigations.