✅ Why a Backup Can Be Used as Evidence
A backup (such as an external hard drive, USB stick, cloud storage, or forensic image) may contain exact copies of files, logs, and metadata that were once on the original computer. If the computer was wiped intentionally or otherwise, that backup could still hold:
- Photos
- Documents
- Chat logs
- Browser history
- App data
- Operating system records
- Hidden system files or timestamps
This is incredibly relevant in criminal cases, including those involving child abuse imagery, online grooming, stalking, fraud, or coercive control.
🔒 Key Legal Considerations (Spain & EU Law)
- Chain of custody must be preserved
The backup must be collected, stored, and handled in a way that ensures no tampering, alteration, or access that would compromise its integrity. - Forensic analysis must be professional
- Spanish courts typically require that digital evidence be extracted and verified by official police forensic teams (Unidad de Delitos Tecnológicos of Guardia Civil or Policía Nacional).
- Independent forensic experts may also analyze backups if approved by the court.
- Data must be relevant and admissible
- The data on the backup must be connected to the case (e.g., evidence of grooming, illegal downloads, hidden files).
- Illegally obtained backups (e.g., private devices accessed without permission or without a court order) may be ruled inadmissible unless authorized under specific conditions.
- Wiping the original device doesn’t erase responsibility
- If someone intentionally deletes files (i.e., destruction of evidence), it can be considered obstruction of justice, and courts often place extra weight on recovered backups in these cases.
- Metadata on the backup might even show when and how the deletion was carried out.
🔍 Real-World Example
Let’s say a minor reports online grooming. The suspect’s laptop has been wiped. But a backup USB found in their home contains:
- WhatsApp chat exports
- Screenshots
- Downloaded images
- A synced browser history
This can be used as primary evidence if properly extracted and presented. It may also help reconstruct timelines or prove intent.
📁 Types of Backup Devices That May Contain Evidence
- USB sticks
- External hard drives
- Cloud backups (Google Drive, iCloud, Dropbox, OneDrive)
- Time Machine backups (Mac)
- NAS (Network Attached Storage)
- Forensic images/clones made before wiping
🛠️ What to Do If You Have a Backup You Believe Is Evidence
- Do not alter it—no opening, copying, or deleting files.
- Hand it over to law enforcement (Guardia Civil, Policía Nacional) or your lawyer.
- Ask for it to be analyzed by a certified forensic technician.
- If you are the victim, request your lawyer to ensure it’s included in the evidence list under judicial procedure.
- Document when and how you found it to help with chain of custody.
🧠 Neuroscience Note
People often panic and try to wipe devices, believing this will erase digital history. But the brain’s impulsive fear response (the amygdala) often overlooks the reality that digital footprints are harder to erase than we think—and backups almost always outlast panic deletions.
