What is the Distinction between Digital Forensics and E-Discovery?

Nowadays, every litigation entails some kind of digital evidence, no matter if it is criminal case, family law or even IP theft. On the basis of the exceptional details of the case, there are two ways to obtain, analyze and use the digital evidence. They are eDiscovery and digital forensics. This article focuses on the distinction of the two.


eDiscovery or electronic discovery usually accumulates active data. This very data is classified as info and data that is easily available via file storage and program managers used by a business or a person. When soliciting data via electronic discovery, the data generally goes to the legal counsel who performs their own review on the data. The experts who are soliciting the data are just transferring info and never discuss the purpose of the user or business. They don’t provide legal advice as well. eDiscovery comes in handy when the only info needed entails easily accessible data like email, documents, calendars, and databases. If some amount of info has been deleted from eDiscovery, then you need some help from Elijaht digital forensics.

Digital forensics

You need a forensic analysis of data when the litigation calls for a deeper glance at the info on a digital device, particularly if there is an ounce of doubt that the digital evidence has been changed or deleted. A digital forensics examiner makes the most of the specialized tools and interfaces in order to analyze the visible as well as the invisible data on a particular piece of digital media. The latter entails deleted or edited files, old emails, deleted browser history, social media history and a lot more. Sometimes, these old files are not recoverable, but the expert will showcase that many files are really removed by someone at a specific time and may also unleash programs that are repeatedly used for encryption hiding or deleting data that a user wants to keep hidden.

Using digital forensics in IP theft, family law and criminal cases are on the paramount. As the digital devices are evolving, any investigation of a person or a company must entail an investigation of their digital footprint. Courts are not inclined on granting blanket access to all data related to a person or company and need details of particular info that will support a particular case. If you want the case to be contentious or you are doubtful that your data has been changed or deleted, then you need to hire a digital forensics expert. They help in keeping the data safe right from the start and seek deleted data or evidence that helps in supporting your case.

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About the Author: Clare Louise

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