New Ministry of Security Resolution on Digital Evidence

On 17 April 2023, the Ministry of Security of the Nation by Resolution 232/2023 (the “Resolution”) approved the Protocol for the Identification, Collection, Preservation, Processing and Presentation of Digital Evidence (the “Protocol”), which aims to establish the guidelines and procedures to be followed by members of the Federal Police and Security Forces in the process of identification, collection, preservation, processing and presentation of digital evidence associated with any crime and, in particular, cybercrime.

The Protocol was adopted in line with the Federal Plan for the Prevention of Technological Crimes, which aims to increase capacities for the prevention, detection and analysis of cyber incidents.

The Protocol regulates the following aspects of the identification, collection and preservation of digital evidence:

  1. Initial intervention, exploration, localization, evaluation and collection of effects that could contain Potential Elements of Proof (“PEP”).
  2. Specific procedures by type of electronic device.
  3. Chain of custody: packaging, labelling and forwarding of effects that may contain digital PEPs.
  4. Intervention of specialist personnel (specialist office).

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