Integration between archival science and digital forensics: challenges, legislation, and public policies for digital evidence

Abstract

This article examines the integration of digital forensics, archival theory, and technology, focusing on the management, preservation, and authenticity of digital documents. It draws on Buckland and Rondinelli’s concept of information-as-thing to discuss how data, texts, documents, objects, and events can be treated as digital evidence, considering aspects of authenticity, reliability, and trustworthiness. The study addresses practical challenges in digital forensics, such as rapid technological evolution, format diversity, digital vulnerabilities (ransomware, deepfakes, and the use of Artificial Intelligence in content manipulation and detection), and the complexity of collecting and preserving evidence across devices and cloud-based platforms. It highlights models such as Digital Records Forensics (DRF) and the Preservation Chain (CoP), which combine archival science, law, and digital forensics to ensure the integrity and legal validity of digital records. Brazilian legislation on cybercrimes—including the Civil Rights Framework for the Internet, the General Data Protection Law (LGPD), the Carolina Dieckmann Law, and regulations related to electronic fraud, crypto-assets, and the protection of children and adolescents—is presented, emphasizing its relevance to forensic practice. Institutional initiatives, such as the Chegando Junto Project and the work of the Public Prosecutor’s Office of Minas Gerais (MPMG), illustrate the importance of public policies and educational actions to prevent digital fraud, in partnership with international organizations such as the Global Anti-Scam Alliance (GASA). As this is a conceptual and exploratory study, its conclusions lack empirical generalizability, indicating the need for future research on the practical application of the DRF/CoP model. The article concludes that integrating archival science, digital forensics, and technology—combined with continuous professional development and institutional action—is essential to ensure the trustworthiness of digital evidence, strengthen the social role of institutions, and protect society against emerging cyber threats.

Key words: digital forensics; archival science; cybersecurity; public policies; digital evidence.