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Data Proection Act and Forensic Computing

Discussion of legislation relating to computer forensics.
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Data Proection Act and Forensic Computing

Post Posted: Sat Nov 05, 2011 5:28 am

Hi everyone,

As part of my final year project at my university, I've been tasked with researching the legislation that affects computer forensic investigations in the United Kingdom. I've already found a list of some of the Acts of legislation that would have an impact on a computer forensics investigation.

I've got a quick question in regard to the Data Protection Act 1998, during computer forensics investigations, are the investigators regarded as Data Controllers or Data Processors?

In case it is needed, the project involves studying a forensic computing laboratory that is attached to the university that would like to start processing digital evidence, so they would be doing this in a corporate environment governed by contract law (so I'm unsure of whether the exemptions given to the police apply, I'm assuming not until I find information that suggests otherwise.).  

ShadowViper
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Re: Data Proection Act and Forensic Computing

Post Posted: Mon Nov 07, 2011 12:36 pm

See Section 1(1) of the act:

www.legislation.gov.uk.../section/1

If you're doing your investigation on behalf of another entity you're probably going to be a data processor rather than a data controller.

Details of exemptions can be found in Part IV:

www.legislation.gov.uk...29/part/IV

Most are restricted to public sector employees acting in specific circumstances, but some can also be used by those in the private sector.  

pragmatopian
Senior Member
 
 
  

Re: Data Proection Act and Forensic Computing

Post Posted: Tue Nov 08, 2011 1:26 am

Excellent response pragmatopian. I took a leaf out of your book and thought that since you identified the legislation I wondered whether the ACPO Guidelines had anything to say on this important matter.

Jamie (he's not a bad old chap) kindly put up a page so forum members could download the Guidelines:

www.forensicfocus.com/...20Evidence

ShadowViper, I couldn't find anything in the ACPO Guidelines that specifically categorises the roles which you mentioned. So as record of your study perhaps you may wish to take it that you've uncovered an absence, omission, or identified operator sub-category status within the role of those involved in 'extracting and harvesting data' from digital devices.
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trewmte
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Re: Data Proection Act and Forensic Computing

Post Posted: Tue Nov 08, 2011 10:45 am

Thanks for the responses so far, very helpful links pragmatopian, I'm definitely going to be using those in my project.

And since I am going to be covering standards and guidelines as well, I can definitely follow through with trewmte's suggestion about the ACPO guidelines.

Thanks again!  

ShadowViper
Newbie
 
 
  

Re: Data Proection Act and Forensic Computing

Post Posted: Mon Nov 05, 2012 10:46 am

Be sure to take a look at the Data Retention Directive the EU put in place in 2009. It impacts some of that act.  

Dilogoat
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Re: Data Proection Act and Forensic Computing

Post Posted: Mon Nov 05, 2012 11:28 am

- Dilogoat
Be sure to take a look at the Data Retention Directive the EU put in place in 2009. It impacts some of that act.

Also, consider the "news":
ec.europa.eu/justice/n...125_en.htm
it is likely that there will soon be changes in EU legislation.....

Talking of news, the OP last posted one year ago (2011), I hope (for him) that he is well past his final year....

jaclaz
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- In theory there is no difference between theory and practice, but in practice there is. - 

jaclaz
Senior Member
 
 
  

Re: Data Proection Act and Forensic Computing

Post Posted: Tue Nov 06, 2012 3:20 am

I didn't even look. I was doing an assignment relating to a similar topic last week so I got excited.  

Dilogoat
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