Data privacy perceptions about digital forensic investigations in India

Abstract

A digital forensic investigation requires an investigator to examine the forensic images of the seized storage media and devices. The investigator obtains full access to all the data contained in the forensic images, including private and sensitive data belonging to the individual being investigated that may be entirely unrelated to the case. Unrestricted access to forensic images poses a significant threat to data privacy. No legal or technical structures are in place to prevent abuse. This chapter presents the results of three surveys, one for each stakeholder group in digital forensic investigations, namely investigators, lawyers and the general public, that sought to capture their data privacy perceptions regarding the investigative process. The survey responses show a lack of professional ethics among some of the investigators, lack of legal support for lawyers to protect data privacy and confusion among the general public regarding their data privacy rights. The results highlight a pressing need for a privacy-preserving digital forensic investigation framework. To this end, a simple, yet efficient, solution is proposed that protects data privacy without hindering forensic investigations.