Source URL: https://www.postofficescandal.uk/post/proposed-amendment-to-legal-assumption-about-the-reliability-of-computers/
Source: Hacker News
Title: UK: Proposed amendment to legal presumption about the reliability of computers
Feedly Summary: Comments
AI Summary and Description: Yes
Summary: The text discusses a proposed amendment to the Data (Use and Access) Bill in the UK that seeks to address the legal presumption regarding the reliability of electronic evidence derived from computer systems. This amendment, advocated by influential figures, aims to enhance the scrutiny of digital evidence in legal proceedings, potentially impacting the handling of technology-related legal issues, from miscarriages of justice to new compliance standards.
Detailed Description:
– The proposed amendment is significant as it introduces a more rigorous framework regarding the admissibility of electronic evidence in court.
– The current legal presumption assumes that computer systems are operating correctly if they appear functional to users, which has raised concerns due to its implications on the burden of proof.
– Prominent advocates for this amendment include barrister Stephen Mason and Lord Arbuthnot, who have highlighted its flaws, particularly in cases like the Post Office scandal.
– The amendment emphasizes:
– The need for parties to challenge the admissibility of electronic evidence.
– Criteria that the court must consider to determine the reliability of digital evidence, including:
– Instructions or rules governing the system’s operation.
– Measures for ensuring data integrity.
– Protections against unauthorized access.
– Security of both hardware and software components.
– Procedures for monitoring and assessing the system’s reliability.
– Relevant industry standards and oversight by regulatory bodies.
– By enabling courts to scrutinize the reliability of electronic evidence, the amendment aims to prevent miscarriages of justice and ensure that technology is appropriately held accountable in legal contexts.
This proposed legal change has significant implications for data protection, legal compliance regarding digital evidence, and overarching considerations for privacy and security in the domain of technology used for legal proceedings. Security and compliance professionals should pay close attention to the evolution of this amendment as it may dictate new standards in evidence handling and data integrity verification.