A screenshot of a conversation, a CCTV recording, a server log file, data from a fitness tracker — all of these are electronic evidence. But does a court treat each of them the same way? The answer depends on how a particular type of data is classified.

Main Categories of Electronic Evidence

In international practice, electronic evidence is divided into several categories:

• Device data. Everything stored directly on a phone, computer, or tablet: photos, documents, messages, call logs, browser history.
• Network data. Information transmitted over the internet or telephone networks: traffic, IP addresses, provider connection records.
• Cloud data. Files and correspondence stored on Google, Apple, and Microsoft servers, and in social networks and messengers.
• Metadata. “Data about data” — when a file was created, geolocation, the device used to take a photo. Often decisive even when the main content has been deleted.
• IoT device data. Records from smartwatches, home cameras, navigation systems, and smart home devices.

How Different Countries Regulate This

The United States and the United Kingdom have the most developed practice. There, electronic evidence is ranked by reliability: primary (original) data takes precedence over derivative (copies). Particular attention is paid to the chain of custody — documenting every step from seizure to submission in court.

In EU member states, the General Data Protection Regulation (GDPR) significantly affects how investigators may collect digital evidence. A GDPR violation during data collection can render evidence inadmissible.

Japan and South Korea give preference to officially certified digital documents bearing a qualified electronic signature.

The Situation in Ukraine

Ukraine’s Code of Criminal Procedure does not contain a separate classification of electronic evidence, creating a degree of legal uncertainty. In practice, courts evaluate such evidence through the lens of the general requirements applicable to physical exhibits and documents.

This means that the correct “packaging” of electronic evidence — how it is obtained, recorded, and presented — is often more important than its content.

This article is based on: Petryk V.V. “The Concept and Classification of Electronic Evidence in Criminal Proceedings Worldwide” // Scientific Bulletin of Uzhhorod National University. Series: Law. 2025. Read the original article.

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