Challenges of digital evidence in the protection of personal data: The chain of custody

Abstract

This document analyzes the efficiency of processes in the handling of digital evidence as part of the chain of custody in criminal proceedings, as well as the need to ensure the care and protection of personal data, which is susceptible to easy alteration during handling. Therefore, this document analyzes several essential points from an analytical and legal dogmatic methodology, such as: first, the effectiveness of institutional protocols in accordance with existing regulations on the chain of custody, as well as periodic updates of manuals and custody procedures, observing the possible difficulties or limitations encountered in such development. Second, it analyzes whether the regulations governing chain of custody processes and the rights they guarantee have evolved in line with the growing

chain of custody processes and the rights they guarantee have evolved in line with the growing development of technology and the digital elements that must be safeguarded. Finally, through case studies, it analyzes the impact that a break in the chain of custody can have, both in terms of affecting the right to defense and generating impunity.

Similarly, conclusions are drawn based on the bibliographic evidence from the doctrinal and legal research, and relevant recommendations are proposed in order to address possible shortcomings detected in the practical application of the chain of custody of digital evidence and the handling of personal data.