Insights for litigation and investigations reviews

With the majority of Australians (89%) owning a mobile phone1 and many working from home, the use of mobile devices is part of everyday life.

For litigation and investigations, this valuable evidence is not collected as regularly as it could be. We explore some of the technical challenges, identify quick techniques and provide simple solutions to uncover the value of mobile data.

It is generally accepted that mobile devices contain valuable data. Yet, why is it that these devices are less frequently collected in litigation and investigations as compared with traditional data sources, like email servers and computers?

Considering how our smartphones have become an essential part of our lives and an intrinsic element in our working days, mobile data is still an after-thought when it comes to collecting potential sources of relevant information. More and more, parties are no longer able to turn a blind eye towards this valuable source of evidence.

The challenges with mobile devices are two-fold: the challenge of getting access to the mobile device and the technical challenge of the extraction and presentation
of the data found on the device. There are many articles which address the initial hurdle of acquiring the mobile devices including the complexities associated with
consent, the business use vs personal use of the device, the common practice of BYOD (bring your own device), and the balance between privacy concerns vs importance
and value of the data. This article will instead focus on the second hurdle, the technical challenges.

For further information please contact Linda Bertolissio or Riina Rintanen.