Understanding Investigative Parameters
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Understanding Investigative Parameters
Companies have now become dependent on technology to work on any project or business. Data and information about the company have become intellectual property that, when lost, leads to massive financial loss by the company. Therefore, all companies must secure their intellectual property and data (Sherwood, 2019). This is where a digital forensic plan provides reliable and excellent security to the company’s data. Companies gain many benefits from having a digital forensic plan as they minimize the cost to be used during an investigation.
The company’s operations are also not interrupted during investigations as the information needed is stored and retrieved easily. The gathering of this information can be done fast, minimizing time wastage. In case some employees are involved in malicious activities, their tracks can be found, and it reduces the chance of other employees wanting to get involved in criminal activities. A company with a digital forensic plan does not need electronic discovery when evidence is required during an investigation (Wynn, n.d.). Protecting client transaction information is the biggest responsibility of any company.
A company with a forensic plan shows due diligence, compliance of regulations and responsible corporate governance. Customers can trust and be comfortable working with them. According to Montasari (2016), a digital forensic plan helps uncover and monitor usage endpoints, viruses and malware tracing their sources, thus protecting the company information systems. The two most important benefits of a forensic readiness plan are protecting client transactions and providing source to end information for particular system activity. These two ensure the company keeps its customers trusting them, and the system maintains its high levels of integrity.
There are several requirements necessary to establish a forensic readiness plan within the private sector. According to Montasari (2016), one requirement is establishing a policy that ensures a proper chain of custody. Potential sources of evidence and the types of evidence should be identified. Targets and deterrence of large incidences should be closely monitored. A mechanism for ensuring secure forensic evidence collection, imagining scenarios that would require digital evidence and providing proper protection should be put in place.
Companies have policies that show to what extent of privacy an employee has at the workplace. Restrooms and changing rooms are expected under the law to be private spaces for employees in all companies. Employers should be reasonable enough under the law not to invade the personal privacy of an employee. A gym locker is considered personal private space. Searching Mr. Belcamp’s assigned gym locker even though it is on the company premises would be a violation of personal privacy by Ms.Bass. Officers of the law with search warrants are the only ones that can be given that mandate to search Mr. Belcamp’s gym locker in his presence. The desk at the office is by all means company property, and employees are expected to only keep company property in their lockers, not personal items (Findlaw, 2019). Ms. Bass being his supervisor, has the authority to search Mr. Belcamp’s office desk with or without his approval.
A check with security confirms that Mr. John passed through a security checkpoint when coming into the company premises. At the checkpoint, there is a sign that states the purpose of the security check. The guards are to check for weapons and other materials detrimental to the working environment and employee safety. Mr. John was suspected of having taken the source code of the company. He was not a physical life threat to the company’s employees, so directing the security guards to search his briefcase at the security checkpoint for evidence would violate his privacy. Only police officers with search warrants have that right to search his briefcase because it is not a company property; it is his own.
The company has a handbook that states anything brought into the company premises is subject to search, and all employees are supposed to sign the receipt page of that handbook. Mr. John had never signed that handbook, which protects him from being forced to be searched if he does not want to. Signing receipt on the handbook means that you have accepted to abide by all the rules and policies written in it. The employer’s responsibility is to ensure each employee upon starting employment at the company reads and signs the employee handbook (Findlaw, 2019). Mr. John is not at fault, and he cannot be forced to be searched. To this moment, the police have not been involved in the investigation. Mr. Newman’s concern to involve the police is right and would make the investigation easier to seize any evidence against Mr. John. They have the legal right to enforce warranted searches.
Chain of custody is a document that shows how electronic evidence has been handled to be used in criminal and civil investigations. It is a very important document. It gives an overview of the location it occurred, the people involved, how the evidence was collected, time, date, the reasons behind the investigation, serial numbers used, the case numbers and other information. If the chain of custody is not documented, the evidence tends to get lost, and the investigation gets tampered with (Montasari, 2016). Those implicated may change or remove the evidence to avoid implication.
References
Findlaw. (2019, June 25). Privacy at work: What are your rights? Retrieved from https://employment.findlaw.com/workplace-privacy/privacy-at-work-what-are-your-rights.html
Montasari, R. (2016). Formal two stage triage process model (FTSTPM) for digital forensic practice. Int. J. Comput. Sci. Secur, 10, 69-87.
Sherwood, R. M. (2019). Intellectual property and economic development. Routledge.
Wynn, R. (n.d.). Digital forensic readiness planning and readiness checklist in… Retrieved from https://digital-forensics.enterprisesecuritymag.com/cxoinsight/digital-forensic-readiness-planning-and-readiness-checklist-in-order-to-reduce-business-risk-nid-1184-cid-59.html
