IT Forensics · Private Individuals
How can I preserve the original file of a piece of digital evidence in a way that ensures its integrity?
Repeatedly opening, exporting or editing files may alter metadata and file statuses.
Why this question is important for private individuals
Chats, photos, videos and screenshots can carry considerable weight in private, civil or criminal disputes. However, the fact that they are visible does not automatically answer questions regarding their origin, whether they have been altered, when they were created or who created them.
Technical investigative approach
We secure the legally obtainable original file or suitable forensic data source, document its provenance and integrity, and then work on copies.
Where the limits of what can be said lie
Not every file can be preserved as an original work in the strictest sense – for example, where only a platform download is available; this provenance is documented transparently.
Why LanCologne?
To the untrained eye, digital evidence often appears more conclusive than it actually is from a technical point of view. A screenshot may look genuine yet still have been altered. Conversely, missing metadata or recompression may have entirely normal causes. A file may be present on a smartphone without having been created there.
LanCologne therefore breaks down the seemingly simple question „Is this genuine?“ into technically verifiable sub-questions: Is the original file available? From which application or data source does it originate? Are the internal structures and metadata consistent? Are there corresponding entries in databases, backups, cloud or system artefacts? Has the file been exported, converted or edited? Which of these processes can actually be verified?
It is particularly important to distinguish between authenticity and authorship. Even if a message was technically present in a particular account, this does not automatically prove which natural person entered it. Similarly, a camera model in EXIF data does not, without further verification, prove which specific physical device created a file.
We prefer primary data to mere representations. Original messages, databases and original files usually contain more technical context than screenshots, printouts or subsequent exports.
The outcome remains open. We document supporting, contradictory and inconclusive findings equally, and explain clearly the actual scope of any technical conclusion.
How we work
Authenticity is not the same as authorship
Technically speaking, a message may be authentically stored in an account or on a device without this alone providing conclusive evidence as to which natural person authored it. This distinction prevents a correct technical finding from being conflated with an unsubstantiated claim regarding a person’s identity.
Original data is more important than the mere on-screen display
A screenshot can be valuable, particularly if content disappears later on. However, for a more in-depth investigation, we also try to obtain original files, app data, databases or other primary sources. These often contain context that is missing from the visible display.
Why use the LanCologne approach when examining digital evidence?
LanCologne does not treat digital content as true or false simply because it appears plausible. We examine the available technical evidence, document its origin and limitations, and present our findings in such a way that they are understandable to private clients whilst remaining verifiable by lawyers, investigating authorities, the courts or other qualified IT forensic experts.
Legal framework
In the case of tampered digital evidence, Section 269 of the German Criminal Code (StGB) may be relevant, depending on the specific circumstances. Subject to the conditions set out in the provision, this applies to the storage or alteration of data relevant to evidence with the intention to deceive, or the use of such stored or altered data. Whether a specific file or message fulfils all the elements of the offence is a legal question; a technical finding of manipulation alone does not answer this.
Section 371 of the Code of Civil Procedure (ZPO) is relevant to civil proceedings. Under this provision, evidence by inspection may also be adduced through the production or transmission of electronic documents. Section 371a of the ZPO contains specific provisions on the evidential value of electronic documents, in particular in the case of qualified electronic signatures and certain public electronic documents. Consequently, not every ordinary chat message or image file automatically possesses the specific evidential value set out in those provisions.
Sections 402 et seq. of the Code of Civil Procedure (ZPO) apply to expert evidence. A privately commissioned IT forensic report does not constitute a court expert report solely on the basis of its technical quality. However, its transparent methodology and the evidence on which it is based may be important for lawyers and for subsequent expert review.
Hash values are an important integrity tool, but they do not guarantee the authenticity of the original content. A hash records that a particular set of data has remained unchanged since the hash was generated, or that it matches a reference set bit by bit. It does not automatically indicate whether the content had been tampered with prior to being saved.
LanCologne assesses technical data and its significance. The legal evaluation of evidence, its classification under criminal law, and the decision as to what weight to give to which evidence during proceedings are the responsibility of solicitors, investigating authorities and the courts.
Frequently Asked Questions
How can I preserve the original file of a piece of digital evidence in a way that ensures its integrity?
How is such a technical investigation carried out in practice?
Can such an investigation always produce a clear result?
Is there a legal basis for this?
LanCologne – IT Forensics for Private Individuals
Do you have a digital enquiry? LanCologne can assist you with an objective, unbiased IT forensic investigation.
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