As everyday life becomes increasingly digitised, more and more court cases rely on electronic evidence – information stored in digital form.
Yet Poland still lacks uniform regulations and standards governing how such evidence is secured, analysed, and preserved.
The issue was first raised in the Polish Parliament in 2009 through parliamentary question No. 7857 (submitted by MP Krzysztof Brejza) addressed to the Minister of Justice. The question highlighted the urgent need for unified procedures and higher qualification requirements for court-appointed IT experts.
Context
The question pointed out that:
- digital evidence is becoming crucial in combating economic crime, child exploitation, human trafficking, and computer system intrusions,
- the absence of national standards for handling digital evidence risks its loss or corruption,
- there is no effective system for verifying the competence of IT forensic experts.
The MP called for procedural regulations and stricter qualification criteria for experts.
Ministry of Justice Response (2009)
Under-Secretary of State Krzysztof Kwiatkowski, replying on behalf of the Minister, acknowledged the importance of the issue but stated that:
- existing provisions of the Code of Criminal Procedure (Articles 236a, 218a et seq.) already cover electronic evidence under general evidentiary rules,
- the term “electronic evidence” is not formally defined in law but is understood in practice as information recorded or transmitted electronically,
- technical standards for securing evidence should remain the domain of science and forensic practice, not legislation,
- a new Act on Court Experts was being prepared that would introduce mechanisms for verifying experts’ knowledge and skills.
Key Findings
| Area | Conclusion |
|---|---|
| Legal framework | No dedicated provisions for electronic evidence – general rules of the Code of Criminal Procedure apply |
| Technical standards | No national guidelines for securing, analysing, and storing digital evidence |
| IT forensic experts | The system requires professionalisation and independent competence verification |
| Practical risks | Loss of data integrity or flawed expert opinions can undermine evidence admissibility |
| Needed actions | Introduction of national guidelines based on ISO/IEC 27037, 27042, and NIST SP 800-86 |
Relevance Today
More than 15 years after the question was raised, most of the identified problems remain unresolved.
There are still no nationwide guidelines for handling digital evidence, and the quality of expert reports depends largely on the individual experience of particular experts.
In practice, many courts and prosecutors continue to rely on internal police standards or opinions from independent experts, without a coherent, state-wide forensic model.
Summary
As early as 2009, the Polish justice system recognised the importance of electronic evidence,
yet it has failed to introduce uniform standards for its collection and analysis.
The issue of expert quality and the lack of central certification for IT forensic specialists remains unaddressed.
Strategic conclusion:
To ensure the reliability of criminal proceedings, it is essential to develop and implement national guidelines for digital forensics, covering procedures, tools, and expert certification.
Sources
- Parliamentary question No. 7857 – MP Krzysztof Brejza (05.02.2009)
- Ministry of Justice response – Under-Secretary Krzysztof Kwiatkowski (30.03.2009)
Author: Piotr Wichrań – Court-appointed IT forensic expert, IT/OT cybersecurity specialist, licensed private investigator
Email: biuro@wichran.pl