Towards a Unified eDiscovery Forensics Architecture (UEFA)

Abstract

The technique of applying the traditional legal discovery inquiry approach to digital evidence is called eDiscovery. The traditional discovery paradigm is no longer viable in the twenty-first century, where eDiscovery has become dominant due to exponential growth in electronically stored information (ESI). In Namibia, all investigations involving ESI are classified under traditional discovery and are guided by Rule 28 of the High Court, which does not explicitly contrast the eDiscovery paradigm from traditional discovery. At the centre of traditional discovery is the e-Justice system, an online database is used by the Namibian judiciary to file lawsuits. Following the narrative literature review, this paper has identified several compliance challenges between the traditional discovery process and the e-justice system, thus proposing a need for a Unified eDiscovery Forensics Architecture (UEFA). This eDiscovery architecture is anticipated to be significant in many ways, including but not limited to fostering the security and privacy of ESI, increasing the accuracy of data retention, and ensuring accountability and general reliability of all parties in the discovery process. This review also presents a wide range of benefits to information security leadership and representatives, forensic investigators and practitioners, legal industry professionals, academics, and researchers.