Police to Completely Revise 'Digital Forensic' Investigation Regulations

Minimizing Human Rights Violations
Strengthening Fairness and Expertise
Revised Directives Effective from September

On the morning of the 8th, at the Digital Forensic Center of the Seoul Seodaemun-gu Police Agency, the Director of the Conformity Policy Bureau of the National Institute of Technology and Standards (left) handed over the certificate of accreditation from the Korea Laboratory Accreditation Scheme (KOLAS) to Song Jun-seop, Director of the Digital Forensic Center at the Police Agency. According to the international agreement signed by the National Institute of Technology and Standards, the digital forensic test results conducted by the Police Agency will now have the same validity in 104 countries worldwide as they do domestically.
[Photo by Yonhap News]

[Asia Economy Reporter Lee Gwan-ju] The police are making major revisions to the regulations on digital forensic investigations. This is aimed at minimizing human rights violations and enhancing the fairness and professionalism of the forensic process.

According to the National Police Agency on the 29th, the police have changed the existing National Police Agency directive titled "Rules on the Collection and Processing of Digital Evidence" to "Rules on the Processing of Digital Evidence." The revised directive will be applied starting this September. The core of the amendment is to strengthen the protection of the human rights of individuals involved in cases where digital evidence such as mobile phones and laptops has been seized. Digital devices typically contain private information that is not necessary for investigations, which poses significant risks of human rights violations. Therefore, the amendment aims to practically guarantee the participation of the person whose digital evidence is seized in the seizure, search, and verification processes, while reorganizing the procedures to be "human rights-friendly."

The amendment first specifies the principles of human rights protection by the police in detail. In particular, it includes provisions that the police must perform their duties neutrally and strive to protect the privacy, honor, and reputation of the individuals involved in the case. Specifically, when starting forensic work, the police must notify the suspect and their lawyer in advance of the time and place to ensure their participation. Even if the involved parties refuse to participate, the police must carry out the seizure using methods that guarantee reliability, such as taking photos or videos. When continuing the seizure, search, and verification of electronic information outside the seizure site, the police must notify the suspect and lawyer and explain the seizure procedures.

Especially, if unrelated charges are discovered while searching electronic information related to the alleged facts, the police must stop any additional searches related to those charges. In such cases, a separate warrant must be applied for. Also, once the forensic procedure is completed, any electronic information unrelated to the charges and not seized must be immediately deleted or discarded. Furthermore, measures to ensure the fairness and reliability of police forensics have been established. The basis for operating a "Digital Forensic Advisory Group" involving external experts has been set, and a separate review committee within the police has been created to review the evidence analysis results. A police official explained that this amendment "meets the demands of a judicial environment that emphasizes compliance with due process and signifies an effort to enhance the fairness and reliability of digital evidence analysis."

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