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Q

Is dashcam forensics possible..?

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Hello, corporate attorney. I often hear the term 'corporate due diligence' related to acquisitions or investments these days, but I'm not exactly sure what it is. What is examined during the due diligence process? And must every company conduct due diligence when doing M&A? I'd appreciate a reply!

dashcam forensics

A

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Hello. This is the digital forensics specialist attorney at Daeryun Law Firm.

Whether dashcam forensics is possible depends on the dashcam storage structure and the circumstances of deletion or damage.

Dashcam videos often have parts lost due to reasons such as accident impact, power cutoff, memory error, and overwriting, and in this case, it is difficult to confirm by video playback alone, but you can approach by analyzing the data itself through digital forensics procedures.

When investigative agencies or courts judge the necessity of dashcam forensics, the following factors are comprehensively reviewed.

-Whether the original storage medium of the dashcam (SD card, etc.) is preserved

-Whether the time when the video was deleted or damaged is temporally related to before and after the accident

-Whether there are traces of artificial deletion or manipulation

-Whether due to the dashcam device characteristics it is an automatic deletion/overwriting structure

-Whether forensics is conducted with originality and integrity maintained

Therefore, just because only part of the video remains or a specific section is missing does not immediately deny evidentiary capacity or determine it as manipulation.

The main matters that can be confirmed through dashcam forensics are as follows.

-Possibility of recovering deleted video data

-Analysis of file creation, modification, and deletion time information

-Confirmation of traces of external device connection or arbitrary manipulation

-Whether the video missing is due to device defect or automatic deletion structure

In particular, in cases where the credibility of dashcam videos is at issue in traffic accident disputes, insurance disputes, and criminal cases, forensics results can have high evidentiary value.

However, you should also note that wrong measures during the dashcam forensics process may work unfavorably.

-When the original storage medium is arbitrarily opened or played

-When integrity is damaged during the copying process

-When forensics procedures are not objectively proven

In such cases, there is also room for the other party to claim evidence manipulation and damage, so if dashcam forensics is needed, it is desirable to respond in the following order.

1. Immediate preservation of the dashcam's original storage medium

2. Stop arbitrary manipulation/playback and organize use history

3. Prior review of digital forensics feasibility

4. Establish evidence utilization strategy in the investigation/litigation stage

If the dashcam video becomes the key issue of the dispute, you must first check whether it is in a state that can become legal evidence.

Our firm provides digital forensics advice including dashcam forensics through cooperation with the digital forensics center, and supports criminal, civil, and traffic accident dispute responses based on this.

We recommend receiving review from a digital forensics expert from the stage before the investigation or dispute fully begins.

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