Forensic analysis have been started being used more and more by companies to help them win their cases. This of course refers to the digital analyses carried out on devices such as laptops, mobiles, tablets, smart phones, and so on. There are a number of tips that your in-house counsel can follow to ensure that your company is always on top and has the evidence and material proof needed to win the case.
- Create and Review Policies- ensure that all your employees are aware that all information on company devices can be inspected by company officials at any point in time. State clearly in your company handbook and implement policies that give you complete access to all data on these devices. Ensure that you are also addressing any privacy issues that may come up in the course of time with regard to the employees’ personal information
- Coordinate work between the HR and IT teams- both these teams play a crucial role when it comes to the analysis of your employees’ devices. When an employee leaves your company, there should be certain protocols in place for how the individual’s device is to be handled and care must be taken to ensure that it is not tampered with or damaged in any way. You may also want to image specific devices for preservation purposes
- Know your information well- while your team may be great and pulling all kinds of data from a digital device, they may be unaware of what types of data they can access. These different kinds of information may be the key to you winning your case. However, before using this data to accuse your employee of anything, make sure to consult with those who closely worked with him/her to see if you have red flags or red herrings. sThe three most useful data that can provide you extensive information on your employee’s habits are
- Internet browser history- from here, you will be able to analyse what the employee searched for before resigning, if any online cloud storage system was used to store files, and so on
- Attachment history- this data gives you information on the different devices that have been attached to the computer, when it was attached, and what its serial number is. By using this data, you can corroborate whether all devices have been returned to the company or if anything is missing with crucial data on it
- LNK File analysis- this analysis will reveal to you when files were created and by whom they were created. Here, you can also find out if specific files were sent to sources outside the company
- Slack Space- this is the area on a device in which deleted data remains. Forensic analysts are capable of recovering such data when needed
- Consult a forensic partner- in addition to your in-house counsel, you may also want to consult a third party forensic analyst in order to properly understand all the data that has been gathered and combine it to form a structured report that can be understood with ease
- Create a cohesive structure- combine all of the data analysed to create a clear picture of your employee before he/she resigned. This includes looking at interactions on different social media platforms such as Facebook and LinkedIn, emails to and from third parties, as well as checks to see if information was transferred to oneself.