IT Forensics · Private Individuals
How can I find out whether a smartphone was being used at the time of the accident?
The question of whether a smartphone was being used at the time of an accident requires more than just a single timestamp.
Why this question is important for private individuals
In cases of personal injury, accidents and legal disputes, digital data may contain crucial temporal or technical information. However, its evidential value depends on its origin, completeness and context. An independent investigation prevents a single timestamp or screenshot from being over-interpreted.
Technical investigative approach
We correlate available display, app, communication, system and network events with the defined time period.
Where the limits of what can be said lie
The technical operation of the device does not necessarily imply a deliberate action on the part of the driver.
Why LanCologne?
Private IT forensic investigations often have immediate personal, financial or legal consequences. It is therefore not enough simply to open data using an analysis programme. The crucial factors are which specific question of evidence needs to be answered and whether the available data actually supports that answer.
LanCologne operates without preconceptions. We distinguish between primary data, derived data, screenshots, exports and mere assertions. Timestamps are interpreted according to their technical significance, not merely on the basis of the visible date displayed. Accounts, devices and natural persons are not equated without additional supporting evidence.
Where possible, we preserve the original state of the data and work on suitable copies. Integrity, provenance and the steps taken during the investigation are documented in a traceable manner. Counter-hypotheses are equally important: a gap in the log may result from manipulation, but also from rotation or technical errors. A location point may be relevant, but it does not automatically constitute precise personal localisation.
The report is intended to meet two requirements simultaneously: a private client must be able to understand the key message; a qualified IT forensic expert must be able to verify the technical reasoning behind it. For this reason, key methods, data sources and limitations of the findings are described transparently.
A sound conclusion may be positive, negative or inconclusive. If a claim cannot be substantiated using the available data, this limitation is not replaced by speculation.
How we work
Technical data must be interpreted in context
A log entry, location point or file timestamp is, first and foremost, a technical artefact. Only by understanding the logic behind its creation and comparing it with other independent data sources can a reliable interpretation be made.
Preserving evidence does not automatically mean assessing evidence
LanCologne can secure and analyse digital data and explain its technical significance. Whether a piece of evidence is admissible in court, what claims may arise from it, or how a court will assess it, remains separate from the technical analysis.
Why use LanCologne for private IT forensic evidence cases?
LanCologne does not conduct investigations with the aim of confirming the client’s assumption. We formulate a verifiable technical question of evidence, work on the basis of the available primary data, and document positive, negative and inconclusive findings. The result should be comprehensible to the private client and technically verifiable by a solicitor, insurance company, investigating authority, court or another IT forensic expert.
Legal framework
Which statutory provisions are relevant depends on the specific circumstances of the case. In the event of unauthorised access to data subject to special security measures, Sections 202a et seq. of the German Criminal Code (StGB) may be applicable. In cases of fraud or computer-related financial loss, Sections 263 and 263a of the German Criminal Code (StGB) may be particularly relevant, depending on the circumstances. In cases of stalking, Section 238 of the German Criminal Code (StGB) may be relevant. However, it is not the IT forensic expert who determines the criminal classification.
In the case of private audio recordings, Section 201 of the German Criminal Code (StGB) must be observed. Subject to certain conditions, this provision protects the confidentiality of words spoken in private. The technical feasibility of analysing a recording must therefore be distinguished from the question of whether it was lawfully made or used.
Photographs and video recordings may raise issues relating to the right to privacy and data protection. Sections 22 and 23 of the Artistic Copyright Act (KunstUrhG) contain provisions relating to images in particular. Section 201a of the Criminal Code (StGB) may also apply to certain types of photographic recordings. In the case of private cameras, dashcams or smart home systems, additional data protection issues may arise, which must be assessed on a case-by-case basis.
Electronic documents may form part of the evidence presented at an on-site inspection in civil proceedings pursuant to section 371 of the Code of Civil Procedure (ZPO). Sections 402 et seq. of the Code of Civil Procedure (ZPO) apply to expert evidence. A privately commissioned IT forensic report does not automatically become a court expert report; however, it can present technical facts, primary data and questions of evidence in a manner that is comprehensible to both the lawyer and the court.
LanCologne provides technical findings of fact; it does not offer legal advice. Questions regarding admissibility, admissibility as evidence, liability, claims or criminal liability are a matter for solicitors, investigating authorities and the courts.
Frequently Asked Questions
How can I find out whether a smartphone was being used at the time of the accident?
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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