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Q

Would forensic recovery be possible?

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I suspect my spouse of infidelity, but the text messages and photos exchanged in the past have all been deleted from the phone. Some appear to have been deleted recently, and some appear to be material from several months ago. Verification is impossible with ordinary recovery programs, so I am curious whether such material can be restored through digital forensic recovery. I would also like to know whether the material recovered in this way can be used as evidence to prove the infidelity in court.

forensic recovery

A

Answer to Related Inquiry

Forensic recovery is a procedure that uses professional digital forensic equipment and techniques to restore data deleted or damaged on a mobile phone, PC, or storage medium as closely as possible to the original.

Where forensic recovery is carried out for the purpose of securing evidence in a civil case (such as divorce and consolation money) or a criminal case (such as stalking), as in the case of a spouse's infidelity, the following legal requirements must be met for it to be recognized as valid digital evidence.

① Guaranteeing identity and integrity

First, it must be proven that the restored data has not been altered.

② A lawful collection procedure

It must be collected lawfully in accordance with related laws, such as the Personal Information Protection Act and the Protection of Communications Secrets Act, and unlawful collection, such as illegal filming or the invasion of another person's privacy, may not be recognized as having evidential capacity.

③ An analysis report from a specialized institution

If you also submit an appraisal or analysis report from a credible digital forensics institution, the court's level of trust increases.

However, even for deleted material, if the storage space has already been overwritten, recovery may be impossible, so the urgency of securing the evidence is very important.

Therefore, it seems wise to minimize unnecessary use and to promptly obtain help from an attorney or a digital forensics expert.

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Attorney SangSu JO

SangSu JO

T. 070-5117-3709

Experience as Deputy Chief Prosecutor at the Suncheon Branch of the Gwangju District Prosecutors' Office · Attorney Specializing in Sex Crimes/Drunk-driving Traffic/School Violence

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Sung Dong PARK

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Former Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney specializing in criminal/sex crimes/evidence investigation

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