Various offenses require different approaches. IT experts with special expertise in IT forensics are more frequently employed. The internal IT experts of the authorities have outstanding knowledge in a wide range of fields, but are often overloaded by huge amounts of assignments. Prosecutors often need external experts from various fields of information technology. Therefore, the German Association for Data Protection offers investigation authorities the cooperation with our trained IT forensics and computer experts. We enable public prosecutors and investigators to have direct access to our pool of experts, consisting of experts with different specialty fields.
Expert witness reports are becoming increasingly important in criminal proceedings. An increasing number of criminal offenses is now committed using IT systems . Public prosecutors are now in need of trained IT experts, in order to be able to investigate and pursue complex offenses. IT know-how is therefore in demand.
We prepare the reports required by public prosecutors in a timely, independent and impartial manner – either in the offices of the law enforcement agency or at our premises. Prior to the accepting the expert order, we clarify – of course free of charge – which of our IT experts meets the special requirements of the investigation procedure. If none of our internal experts have the necessary expertise, we contract with an external expert or IT forensic expert after consultation with the responsible public prosecutor.
An outstanding IT expertise is only one of the aspects that should be considered when appointing a computer expert. Knowledge of criminal law is indispensable for professional practice. The IT experts of the German Association for Data Protection are legally trained and educated. A solid legal understanding, therefore, forms one of the cornerstones of our service.
We are among the best addresses in the areas of copyright and trademark infringements (robbery, use of unlicensed software, etc.). We work in this area of expertise independently from software producers and rights holders. In these areas, experts were often used in the past, which were attributed to the camp of the rights holder. (1) The commissioning of a biased expert is usually followed by procedural consequences.
Forensic evaluations of IT systems can sometimes be postponed. Immediate action by the law enforcement authorities can prevent future or planned offenses. A timely evaluation of IT systems allows a law enforcement agency to determine the individuals behind the crime or accomplices of an offender. If serious or persistent criminal offenses are the subject of an analysis, the German Association for Data Protection shall treat these cases as a priority. Other criminal proceedings do not suffer from privileged treatment of procedures with particular urgency. Together with the investigating prosecutors, we determine whether a criminal case is to be treated with preference according to its character. If, on the other hand, it is more insignificant, it will, if necessary, be put off after the consultation with the competent public prosecutor. The analyzes of the German Association for Data Protection are carried out promptly. A shortening of procedural periods is often the consequence.
The German Association for Data Protection is often involved in an ongoing criminal proceedings at an early stage. We accompany investigation agencies during house searches and freezing of the evidence. After an on-site check-up, our IT expert begins with the analysis of the evidence. Our expertise is at the disposal of the responsible investigating authority from the outset. We work closely with the investigators to guarantee a smooth communication. In urgent cases, our IT experts are also available after workhours, on weekends or on holidays.
Discretion is our highest priority. The exhibits made available to us are treated with the utmost care. We generally create a forensic copy of computer data and evidence; The originals remain with the authorities. Copied data is encrypted or protected against unauthorized access. After a procedure has been completed, the stored data are destroyed by means of secure data erasure.
Our specialists analyze data, if necessary or in case of urgency, directly from the local prosecutor’s office or the local police department. In consultation, we will also operate in a service building of another authority at the place where the IT expert is working. Our billing of (German) public prosecutors is exclusively based on the fees of the JVEG.
Basic: LG Berlin, resolution dated 3.5.2012, 526 Qs 10-11 / 12 – Microsoft expert; LG Kiel, resolution dated 14.8.2006 – Az. 37 Qs 54/06 – GVU expert.