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The admissibility and evidential weight of electronic evidence in South African legal proceedings: a comparative perspective

Year: 2013
Type: article
Abstract: Traditionally, documents referred to masses of paper stored in filling cabinets.10 Notably, space is finite and storage costs money, resulting in documents having to be either destroyed or additional storage being purchased.11 In order to curb this problem, it has resulted in the increase of electronic document generation and storage methods.12 In comparison to a paper document, most of the 'guarantees of authenticity' disappear as far as an electronic document is concerned, which highlights a fundamental problem with electronic evidence.13 There have been developments in the technology, which may help to establish the authenticity, and to maintain the integrity and accuracy of data.However the law has not yet settled on standards in respect of electronic evidence.14 As modern technological advances so do computers, networks and any other communication or storage devices, which also have a potential impact on information technology law.15 Electronic information can take the form of stored data, but a distinction must be made between digital and analogue data.16 Digital data is created and stored on an electronic device or the internet.17 For example, 'cache files on a personal computer, digital photographs or graphics files'.18 Analogue data is created by an analogue device, which is fixed and permanent.19 Analogue data is difficult to manipulate, however digital data is problematic since it can be potentially altered without any residual effect, something which should be safeguarded against.20 Digital data also presents other problems such as hardware failure 21 or defective software.22 All these concerns highlight a fundamental problem when information is stored digitally. 1.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W2333686152
FWCI:
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Cited by: 7
Related to: 10