3.1.2 Digital Information
Increasingly, perpetrators, victims and witnesses of serious human
rights violations create, store and/or share information pertaining to the
occurrences in digital form rather than hard copy, such as physical letters or
photographs. Guidelines to collect and store digital information differs in
some aspects from that of hard copy information.
Digital information on serious human rights violations can take many
different forms, such as:
• Metadata
• Audio and video recorded testimony
• Digital photography
• Video documentation
• Email and networked communication
• Text messages or SMS communication; and
• Posts on social media or news broadcasting platforms.
As the creation of information pertaining to serious human rights
violations in digital form grows, the use of such information in pursuit of
legal and other types of redress is increasing as well. As with any other type
of information presented in court as evidence, digital information will be
subjected to scrutiny as to its probative value. However, the verification of
the authenticity, reliability and chain of custody of a piece of digital
information presents challenges unlike those encountered with other, more
conventional, types of information. Detection of contamination and other
types of changes made to the content of digital information and
determination of authenticity require advanced technological knowledge and
resources. Neither lawyers, judges nor other officials involved in an
investigation will necessarily have such resources at their disposal. It is
therefore important that the producer and subsequent handlers of the
information ensure that these professionals are given sufficient data to allow
them to determine the probative value of digital information.
As a general principle, strive to maintain as much as possible of the
integrity of the original file; whenever possible, the best is to preserve the
original physical storage media used to collect the relevant data (eg. the
mobile phone, the camera, the computer); seal the device containing the
relevant media, putting the collector’s signature on the seal. When that is
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