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ARTICLE · 14 SEPTEMBER 2021

The role of digital forensics in eDiscovery

Digital forensics is the process of collecting and analysing electronic data defensively to support the legal team.

AustraliaLitigation, Mediation & Arbitration
David Kerstjens
David Kerstjens

We live in a digitised society, so it only makes sense that our courtrooms are also rapidly moving with this trend. Almost all litigation matters these days – from civil to criminal – involve some form of digital evidence. Computer hard drives and mobile devices are popular sources for collecting digital evidence.

Data collection is the first stage of the eDiscovery process. During eDiscovery, legal teams are tasked with analysing and reviewing electronic information. Digital forensics is the process of collecting electronic data in a defensible manner and may also include support to the legal team with the analysis of the collected data. Digital forensic experts may also act as an independent expert in court.

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