Digital Forensics: Legality of the Process in Cameroon

Joan B. Ali

Authors

Joan B. Ali

Keywords:

digital Forensics, digital evidence, cyber criminality.

Abstract

In many legal systems today, it is important for evidence that is obtained for use in any judicial proceedings, especially criminal and civil prosecutions, to be obtained lawfully. In other words, evidence should be obtained and examined in such a way as to make it relied upon in court. Part III of the 2010 LAW N° 2010/012 OF 21 DECEMBER 2010, law relating to cyber security and cyber criminality in Cameroon creates a procedural law provision to punish criminal offence of cyber criminality, which has a significance on the acquisition, examination, and analysis of digital evidence; knowing that traditional digital forensic processes, most be legally authorized, so that they do not potentially contravene this law. Cameroon is faced with constraints and limitations in the way digital evidence is interpreted and handled in the courts. These constraints are related to skills, time, laws, technology and cost. The huge limitation is the lack of experts with appropriate skills to carry out digital forensic processes. The legal implications and ramifications for both digital forensics experts, law enforcement, and the cases that they are engaged in are identified, and provide appropriate legal solutions to ensure that these digital forensic practitioners do not contravene the existing laws.

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