Summary: When an enterprise investigates a data security incident, it is often wise to involve legal counsel early. Counsel may be able to ensure the details of the investigation are kept confidential by law. Infosec Law and Politics Are Dangerous. The law and politics surrounding data security are highly adversarial. Legal and political adversaries have … Continue reading Cloak Your Incident Investigation with Confidentiality
In a recent criminal case the defendant admitted he was under the influence at the time of arrest. However, the prosecutor overreached, charging the defendant with attempted kidnapping. According to the defendant, an officer took statements at the scene using mobile recording equipment. These recordings were said to contain exculpatory evidence.
photo courtesy of justinbaeder at flickr.com
The defense wanted to review the statements taken at the scene, but law enforcement could not produce them. Conflicting testimony was given about whether the recordings had ever been made so a judge agreed that an expert could investigate.
Given that the
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