Digital Forensics, Data Protection, and the Impact of Frontier Technologies in the SMART Judiciary!

Implementing digital forensics, data security, and emerging technologies fundamentally changes modern judicial systems, requiring a thorough understanding of their interconnected effects. Digital forensics is essential for locating, retrieving, and analyzing the growing volume of digital evidence in legal cases. Strict procedures are necessary to ensure this evidence is admissible in court and to extract relevant information from complex digital data.

Simultaneously, data security safeguards sensitive judicial information by enforcing regulatory compliance and implementing robust security measures to prevent unauthorized access. New technologies, such as artificial intelligence, blockchain, and cloud computing, offer potential improvements to judicial efficiency and accessibility but also present challenges related to algorithmic bias, data security, and ethical considerations. The urgency of this discussion stems from rapid technological advancements, increasing reliance on electronic evidence, and heightened concerns about data privacy.

While progress is being made in digitizing judicial processes and enhancing cybersecurity in Bangladesh, continued efforts are needed to address infrastructure limitations, skill gaps in technical expertise, and the development of legal frameworks to manage the complexities of digital forensics and data protection in the context of evolving technologies.

The concept of a ‘SMART Judiciary’ involves integrating Information and Communication Technologies (ICTs) into the justice system to enhance efficiency, transparency, accessibility, and accountability. This modernization encompasses several key elements: automating administrative tasks through e-filing and case management software, conducting remote hearings using virtual courtrooms, securely handling digital evidence, employing AI-powered legal analysis and research tools, and providing online legal information to improve public access.

Bangladesh is actively pursuing a SMART Judiciary, as evidenced by government-led e-judiciary projects to digitize case management and record-keeping, and the accelerated adoption of virtual court technologies during the COVID-19 pandemic. Despite these advancements, challenges persist. These include infrastructural limitations, such as inconsistent internet connectivity, insufficient digital literacy among stakeholders, security risks, the need to update outdated legal frameworks, and the requirement for sustained investment.

Data protection is becoming increasingly important in Bangladesh, particularly due to the nation’s rapidly expanding digital economy. However, the country’s data protection framework requires more robust and comprehensive legislation. Recent incidents indicate a persistent pattern of cyberattacks targeting significant institutions within Bangladesh’s financial and telecommunications sectors.

Notably, City Bank PLC experienced a data breach, resulting in the theft and subsequent sale of sensitive client financial information on illicit online platforms, as reported by the Bangladesh Cyber Security Intelligence (BCSI) on January 5th. This event follows similar breaches affecting Eastern Bank Limited (EBL) and the state-owned telecommunications provider, Teletalk. These repeated attacks highlight critical vulnerabilities within the nation’s digital infrastructure and raise serious concerns regarding the capacity to defend against sophisticated cyber threats effectively. Protecting personal, financial, and sensitive government information remains a priority, driven by the growth of e-commerce, mobile banking, and government-to-citizen online services.

Simultaneously, Bangladesh seeks to leverage the potential of emerging technologies, including Artificial Intelligence, blockchain, cloud computing, and the Internet of Things (IoT). AI applications are being explored for legal analysis and fraud detection, while blockchain technology is considered for enhancing the security of digital documents, such as land records. Cloud computing is being adopted to improve data storage and accessibility, although data security and vendor dependency remain concerns. The increasing use of IoT devices raises critical questions regarding data privacy and the admissibility of IoT-generated data in legal proceedings.

The recent release of the draft Personal Data Protection Ordinance, 2025, by the interim government in January, signals a potential advancement in Bangladesh’s legal framework for data privacy. The proposed legislation aims to grant citizens fundamental rights concerning their data, including the right to information regarding data collection practices, intended usage, processing duration, and storage or transfer locations. Upon implementation, this ordinance is expected to enhance transparency and accountability in data handling across various agencies.

At this stage, the concept of digital forensics in Bangladesh is in the process of change, with comprehensive legislative amendments and evolving judicial perceptions. The recent July 2024 uprising in Bangladesh produced a substantial amount of digital evidence, encompassing social media content, video documentation, and electronic messaging. This reliance on digital data provides a valuable opportunity to evaluate and improve Bangladesh’s digital forensic capabilities. The investigation and prosecution of individuals involved in suppressing the unrest can serve as a significant practical test for the nation’s capacity to manage intricate digital evidence.

This process would assess the admissibility of such evidence in legal proceedings and demonstrate the effectiveness of established procedures for maintaining the integrity of digital data. Identifying any shortcomings in infrastructure, technical expertise, and legal frameworks related to digital forensics through this case would contribute to the development of a more reliable and efficient system.

In this context, the International Crimes Tribunals’ employment of digital evidence marks a significant evolution in this practice, indicating a landmark advancement. The Evidence (Amendment) Act, 2022, passed on November 3, 2022, marks a turning point for the Evidence Act, of 1872, fundamentally altering the character of admissible evidence. This amendment particularly acknowledges digital and electronic documents as being admissible evidence, encompassing nearly all digital media, including computer output, audio recordings, video recordings, DVDs, CCTV recordings, drone recordings, cell phone records, hardware, and software.

The amendment also explicitly makes forensic evidence admissible in sections 3(3), 45, 45A, 73B, and 89A of the Evidence Act. This legislative adjustment follows in the increasing occurrence of digital data in contemporary criminal investigations and legal proceedings, enabling the legal framework to handle such evidence adequately.

In a significant judicial precedent, the High Court of Bangladesh, in the Biswajit murder case as reported in 70 DLR (2018) HCD 26, demonstrated a progressive approach by holding that video clips, photographs, and newspaper cuttings are admissible as evidence even without the corroboration of the authors. This decision is a recognition of the evidentiary value of digital media and a willingness to accept such evidence uncorroborated in the classical sense.

Added to these legal milestones is the Digital Forensic Lab Guideline, 2023, which provides a methodical framework for forensic analysts and examiners. This guideline highlights the fundamental admissibility criteria that must be met in the evaluation of electronic or digital evidence. These standards are:

Standard	Importance
(a) Authenticity	To ensure that any cyber incident or fact reported in a forensic report is indubitable and per the original incident
(b) Completeness	To ensure that opinions and evidence fully capture the cyber incident without omission
(c) Reliability	To ensure that the collection and use of digital samples or evidence is accurate and credible
(d) Trustworthiness	To ensure that digital evidence is made available in a credible form under the original facts
(e) Proportionality	To ensure that the process employed for collecting digital evidence is proportionate and fair

In summary, the development of a SMART Judiciary in Bangladesh depends on a careful balance between legal advancement and technological innovation. The implementation of digital forensics, informed by recent judicial decisions and legislative changes, with the strategic implementation of emerging technologies, presents both challenges and opportunities for transformation.

As Bangladesh moves towards a digital judiciary, strong data protection measures, improved digital literacy and adherence to ethical standards are crucial. Ongoing investment in infrastructure, capacity building, and the refinement of legal frameworks will be necessary to fully achieve a secure, efficient, and fair SMART Judiciary that serves the best interests of its citizens.