Defining principles for preserving privacy in digital forensic examinations

Abstract

As digital devices play an increasing role in criminal investigations, where in some cases the data they contain may describe events where few other sources of information exist, there is an increasing concern regarding potential privacy invasion caused by their examination. ICO, 2020, the Information Commissioner's Office called for the greater evaluation and scrutiny of data extraction and examination processes deployed by investigating authorities with regard to smartphone data. In doing so, a light was shone on the wider issues and balancing act of maintaining data privacy whilst still allowing for an effective investigation to be conducted by law enforcement. This article proposes a set of ten Privacy-Preserving Data Processing Principles (PPDPP) for consideration by those conducting the digital forensic extraction and examination of data from a digital device. These principles define conduct that is indicative of privacy-preserving, where it is encouraged that those undertaking device investigations demonstrate evidence of adherence to the spirit of them.