Would forensic recovery be possible?

Forensic recovery is a procedure that uses professional digital forensic equipment and techniques to restore data deleted or damaged on a mobile phone, PC, or storage medium as closely as possible to the original.

Where forensic recovery is carried out for the purpose of securing evidence in a civil case (such as divorce and consolation money) or a criminal case (such as stalking), as in the case of a spouse's infidelity, the following legal requirements must be met for it to be recognized as valid digital evidence.

① Guaranteeing identity and integrity

First, it must be proven that the restored data has not been altered.

② A lawful collection procedure

It must be collected lawfully in accordance with related laws, such as the Personal Information Protection Act and the Protection of Communications Secrets Act, and unlawful collection, such as illegal filming or the invasion of another person's privacy, may not be recognized as having evidential capacity.

③ An analysis report from a specialized institution

If you also submit an appraisal or analysis report from a credible digital forensics institution, the court's level of trust increases.

However, even for deleted material, if the storage space has already been overwritten, recovery may be impossible, so the urgency of securing the evidence is very important.

Therefore, it seems wise to minimize unnecessary use and to promptly obtain help from an attorney or a digital forensics expert.