## 5.28 Collection of evidence

  

| Control type | Information security properties           | Cybersecurity concepts | Operational capabilities               | Security domains |
| ------------ | ----------------------------------------- | ---------------------- | -------------------------------------- | ---------------- |
| #Corrective  | #Confidentiality #Integrity #Availability | #Detect #Respond       | #Information_security_event_management | #Defence         |

  

**Control**
The organization should establish and implement procedures for the identification, collection, acquisition and preservation of evidence related to information security events.

**Purpose**
To ensure a consistent and effective management of evidence related to information security incidents for the purposes of disciplinary and legal actions.

**Guidance**
Internal procedures should be developed and followed when dealing with evidence related to information security events for the purposes of disciplinary and legal actions. The requirements of different jurisdictions should be considered to maximize chances of admission across the relevant jurisdictions.

In general, these procedures for the management of evidence should provide instructions for the identification, collection, acquisition and preservation of evidence in accordance with different types of storage media, devices and status of devices (i.e. powered on or off). Evidence typically needs to be collected in a manner that is admissible in the appropriate national courts of law or another disciplinary forum. It should be possible to show that:

a\) records are complete and have not been tampered with in any way;

b\) copies of electronic evidence are probably identical to the originals;

c\) any information system from which evidence has been gathered was operating correctly at the time the evidence was recorded.

Where available, certification or other relevant means of qualification of personnel and tools should be sought, so as to strengthen the value of the preserved evidence.

Digital evidence can transcend organizational or jurisdictional boundaries. In such cases, it should be ensured that the organization is entitled to collect the required information as digital evidence.

**Other information**

When an information security event is first detected, it is not always obvious whether or not the event will result in court action. Therefore, the danger exists that necessary evidence is destroyed intentionally or accidentally before the seriousness of the incident is realized. It is advisable to involve legal advice or law enforcement early in any contemplated legal action and take advice on the evidence required.
  
ISO/IEC 27037 provides definitions and guidelines for identification, collection, acquisition and preservation of digital evidence.

The ISO/IEC 27050 series deals with electronic discovery, which involves the processing of electronically stored information as evidence.