Types of electronic evidence: classification and international experience

A screenshot of a chat, a CCTV recording, a server log file, data from a fitness tracker – all of this is electronic evidence. But does a court treat each of them equally? The answer depends on how the particular type of data is classified.

Main types of electronic evidence

International practice divides electronic evidence into several categories:

• Device data. Everything stored directly on a phone, computer or tablet: photographs, 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 conversations stored on the servers of Google, Apple and Microsoft, in social networks and messengers.
• Metadata. Data about data – time of file creation, geolocation, the device that took a photo. Often decisive even when the main content has been deleted.
• IoT device data. Records from smart watches, home cameras, navigation devices and smart home systems.

How this is regulated in different countries

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

In EU states the General Data Protection Regulation (GDPR) significantly affects how investigators may collect electronic evidence. A GDPR breach during collection may render evidence inadmissible.

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

The situation in Ukraine

The Criminal Procedure Code of Ukraine contains no separate classification of electronic evidence, which creates a degree of uncertainty. In practice courts assess such evidence through the general requirements for physical evidence and documents.

This means that the correct packaging of electronic evidence – the way it is obtained, recorded and submitted – is often more important than its content.

This material is based on the academic publication: Petryk V.V. “The concept and classification of electronic evidence in criminal procedure worldwide” // Scientific Bulletin of Uzhhorod National University. Law Series. 2025. Read the original article.

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Also in the electronic evidence series

• Electronic evidence in criminal proceedings: what you need to know
• What the law says about electronic evidence: definition and legal nature
• Features of electronic evidence in criminal cases: Ukrainian and global experience
• Electronic evidence in Ukrainian and foreign courts: what we can borrow
• Artificial intelligence and electronic evidence: new challenges for Ukrainian courts