The Submission of Technological Evidence in Legal Proceedings

Specialist advice on the lawfulness of technological evidence and the procedure for submitting it in legal proceedings.

To guarantee and uphold the primacy of fundamental rights within our legal system, the State imposes limits on its own powers by prohibiting the assessment of evidence obtained in breach of those rights. However, any interference with fundamental rights must be assessed on a case-by-case basis, as the exercise of these rights may be subject to limitations, and certain circumstances—such as judicial authorisation or the proportionality of the interference—may permit such interference. Accordingly, an individual assessment is offered of the lawfulness of the evidence obtained, also analysing the impact on new fundamental rights recognised through case law as a result of the proliferation of new technologies: the right to data protection and the right to protection of one’s virtual environment.

Where the evidence is lawful, having been obtained without infringing constitutional safeguards, an assessment is also offered of the most appropriate means of evidence through which to introduce the digital evidence into the proceedings. In this regard, it is important to determine whether the file’s metadata is relevant to the proceedings in establishing the facts alleged by the party, as well as whether it is feasible to carry out evidentiary procedures that can establish the authenticity of the evidence if it is challenged by the opposing party.

This expertise is essential in:

• Employment Law Proceedings: Submission of internal communications or digital records in dismissal cases or collective disputes.
• Family Law: Evidence from social media or instant messaging.
• Criminal Law: Ensuring that electronic devices and emails have been obtained lawfully.
• Commercial Litigation: Establishing the existence of contracts or agreements concluded through digital means.

The researcher responsible for this offer specialises in this field, which was the subject of her doctoral thesis and numerous national and international publications and conference presentations, both in academia and at professional bar associations. Her monograph on this topic has been cited in numerous publications and in two judgments handed down by higher courts.

Specialist, individualised advice provides a competitive advantage and, where necessary, helps ensure a stronger and higher-quality legal defence.

Fully available. The expert opinion and advisory service is available immediately. The analytical methodology is well established and supported by numerous scientific publications and presentations at professional bar associations.

• Law firms (all areas of specialisation).
• Social Graduates (Graduados Sociales).
• Corporate legal departments.
• IT forensic experts (who require a legal basis for their reports).

Paloma Arrabal Platero – Legal Science