Digital evidence is quickly becoming ubiquitous in investigations. A survey of 50 prosecutors and investigators found that digital evidence occurred anywhere from 60% to 100% of the time in court cases.
With so much digital evidence becoming a key consideration in modern law enforcement and criminal justice, there’s a real need to keep it secure, accessible, and traceable for its admissibility in court. And that’s where many law enforcement agencies have to consider using cloud vs. physical evidence storage for their digital evidence.
In the past, physical storage methods like hard drives and DVDs were the primary options for storing digital evidence. However, with recent advancements in technology, such as cloud computing, new methods of evidence management are becoming increasingly popular.
Cloud evidence management offers law enforcement agencies new possibilities for managing and accessing digital data for investigations. This approach can provide benefits such as increased accessibility, scalability, and potential cost-efficiencies.
With these considerations in mind, it’s right to wonder, “Which method is best for managing digital evidence?” Different agencies have unique requirements, resources, and risk tolerances. Therefore, the optimal solution will vary depending on specific circumstances.
In this blog, we’ll explore the differences between cloud and physical evidence storage and evaluate their advantages and drawbacks. But first, let’s take a quick overview of the two evidence management solutions.
An Overview of Cloud vs. Physical Evidence Storage
The choice between cloud vs. physical evidence storage is one that most police departments have to contend with. As digital evidence has become increasingly integral to investigations, the need for robust and secure storage solutions has never been more critical.
With the rise of personal computing in the 80s, digital evidence became a key consideration for law enforcement agencies. In 1984, the FBI established the Computer Analysis and Response Team (CART) to help assist law enforcement partners with digital evidence and computer forensics.
Of course, as digital evidence grew, so did the need to store it securely. In the early days, physical storage mediums such as floppy disks and hard drives were used to preserve this evidence. Advancements in technology have changed the storage medium. DVDs and BluRay disks have replaced floppy drives, and SSDs and USB flash drives have replaced hard drives, but the problems with the chain of custody, capacity, durability, and accessibility of physical evidence remain.
As the world entered the digital age, so did the majority of evidence. This meant that law enforcement officers needed to store the ever-growing scale of digital evidence such as images, surveillance footage, body worn camera (BWC) recordings, interrogation tapes, call recordings, etc.
These days, law enforcement agencies are looking to leverage the cloud to tackle their storage demands. Cloud-based evidence storage solutions allow law enforcement personnel to ease their burden by consolidating scattered sources of digital evidence in a secure way and scaling up their storage when the need arises.
Storing Evidence in the Cloud
As you can probably tell, using cloud evidence management means storing digital evidence in the cloud. From there, it can be managed, analyzed, or shared as needed. Of course, this isn’t possible with simply uploading evidence on commercially available cloud platforms.
Instead, to keep secure, documented, and compliant with regulations like the Federal Rules of Evidence, CJIS, CCPA, HIPAA, and others, there is a need for specialized solutions like digital evidence management systems.
These platforms are designed to store evidence in the cloud while providing the necessary security, chain of custody, and accessibility to adhere to strict legal and regulatory requirements.
Advantages of Using Cloud-Based Digital Evidence Management
Here are some of the key benefits of using cloud evidence management:
Ease of Management
A major advantage of considering cloud vs. physical evidence storage is that the cloud offers simplified digital evidence management. There’s no back-and-forth required to fetch and mount different storage media. Everything is uploaded and stored in a centralized evidence library, which can be easily managed.
As you can imagine, this allows digital evidence to be easily organized, searched, and retrieved. This reduces the time spent on casework and increases efficiency in evidence analysis and case preparation processes.
Additionally, digital evidence cloud solutions can also include advanced search functionalities. These can include OCR-based search, automatic tagging, transcript-based search, and more to further streamline the evidence review process.
Easy Evidence Sharing
Another major advantage of using cloud evidence management solutions is that they allow digital evidence to be easily shared. With a centralized cloud platform, authorized personnel can securely access and share evidence with relevant parties, such as prosecutors, defense attorneys, or expert witnesses.
This eliminates the need for physical transfer of evidence and reduces the risk of loss or damage. For instance, where law enforcement personnel had to drive out to the district attorney’s office with physical copies of evidence, now they can just send a secure time-bound sharing link. This also helps track evidence-sharing activity, providing a clear audit trail for accountability purposes.
Scalable Storage
Unlike physical storage, cloud-based digital evidence management solutions don’t have a cap on storage capacity. Cloud-based platforms can easily adapt to changing storage needs. As the volume of digital evidence grows, the system can be scaled up to accommodate additional data without requiring significant upfront investments in hardware or infrastructure.
The surge in high-quality footage generated by body-worn cameras, surveillance systems, and other sources has increased the demand for secure, accessible storage. This is the kind of challenge that a cloud-based digital evidence platform can readily handle. Their flexibility and scalability ensure that storage capacities can always be scaled up to meet rising needs.
Redundancy
Cloud-based systems typically employ robust data redundancy measures to protect against data loss. Multiple copies of evidence are stored in different physical locations. This reduces the risk of data corruption or destruction due to hardware failures, natural disasters, or other unforeseen events. This ensures the long-term preservation of critical evidence.
Cost-Effectiveness
Cloud storage can be a cost-effective solution for storing digital evidence. Traditional evidence storage in physical media requires upfront hardware, maintenance, and space investments. On the other hand, cloud storage is available for subscription-based or pay-as-you models. This allows for a situation where you only need to pay for the storage you need at any given moment.
Additionally, cloud providers often handle the maintenance and upkeep of their infrastructure, which also reduces the need for in-house IT resources. This can lead to significant cost savings, especially for police departments or legal firms with limited IT budgets or expertise.
Cons:
These are the drawbacks of using cloud vs. physical evidence storage:
Reliance on an Internet Connection
The cloud solely operates on and relies on having a stable internet connection. This is crucial for accessing and managing cloud-based evidence. Any disruptions or outages can hinder investigations and potentially compromise the integrity of the evidence.
Additionally, areas with limited internet connectivity may face challenges in utilizing cloud-based solutions.
Potential Risk of Cyberattacks
Storing sensitive evidence in the cloud means it is accessible to the outside world. This exposes it to potential cyberattacks. While cloud providers typically implement robust security measures, the risk of unauthorized access or data loss cannot be entirely eliminated.
Luckily, these risks can usually be mitigated by using cloud providers that have strong security features and certifications. Additionally, organizations can implement additional security measures, such as encryption, access controls, and regular security audits. This helps them further protect their sensitive evidence.
Data Privacy and Jurisdiction
Cloud storage can raise concerns about data privacy and jurisdiction. The data stored in the cloud may be subject to the laws of the location of the cloud provider. This can have implications for data access, disclosure, and protection.
To mitigate this, it’s important to consider the data privacy laws of the countries where your cloud providers operate and ensure they comply with regional regulations and compliances.
Physical Evidence Storage
Physical evidence storage refers to the storage of digital evidence in physical media like DVDs, Blu-ray disks, hard drives, USB flash drives, etc. This traditional method has been a mainstay in digital forensics for many years.
Because of long-standing reliance on physical storage, some law enforcement agencies have yet to fully transition to cloud-based solutions and continue to use physical media. However, with the potential for challenges related to scattered evidence and data silos, they must consider using cloud-based solutions vs. traditional storage for their evidence needs.
Pros:
Here are some of the advantages of using physical evidence storage over storing it in digital evidence cloud solutions:
Complete Control Over Data
Physical evidence stored on local devices does not require an internet connection to access. This can be advantageous in situations where internet connectivity is unreliable or restricted, such as in remote locations or during emergencies.
Law enforcement agencies operating in areas with limited internet infrastructure can benefit from physical storage as a reliable and accessible solution.
Although a similar form of secure control can be achieved with cloud-based evidence solutions, some agencies may require a single, on-site master copy of evidence for legal or regulatory reasons.
This level of control can be particularly important for agencies dealing with highly sensitive or classified information. Of course, this comes at the cost of relying on the integrity of the physical medium on which the data is stored.
Existing Hardware Can Be Utilized
Another benefit of using physical evidence storage is that it can leverage existing hardware infrastructure, such as servers, storage arrays, and workstations. This can reduce the need for additional investments in new equipment, making it a more cost-effective option for some organizations.
For example, law enforcement agencies can often utilize existing IT infrastructure to store and manage digital evidence.
However, the potential drawback of this is that outdated hardware may no longer be suitable for the demands of modern digital evidence management. This is also where the potential pitfall of ‘if it isn’t broke, don’t fix it’ might creep in. Designated hardware may even continue to be used unnoticed without any significant upgrades over time.
No Need for Internet Connectivity
Physical evidence stored on local devices does not require an internet connection to access. This can be advantageous in situations where internet connectivity is unreliable or restricted, such as in remote locations or during emergencies.
Law enforcement agencies operating in areas with limited internet infrastructure can benefit from physical storage as a reliable and accessible solution.
Cons:
Here are some drawbacks of using physical evidence storage instead of cloud-based evidence storage:
Risk of Data Loss and Theft
One of the significant drawbacks of physical evidence storage is the risk of data loss or theft. Physical media can be damaged, lost, or stolen, leading to the destruction or compromise of valuable evidence. Factors such as natural disasters, human error, and unauthorized access can all contribute to the risk of data loss.
This was the case in a recent Dallas murder trial for Nina Marano. The case saw a significant delay after a detective failed to turn up over 300 pieces of digital evidence. Out of these, 18 pieces of digital evidence, including photos and videos, are believed to have been permanently deleted.
These mistakes can occur when evidence is improperly stored, leading to problems when it comes time to access, move, share, or purge it. On the other hand, physically stored evidence may also be more easily tampered or stolen.
Read more in our blog about how to securely share digital evidence with prosecutors and other agencies.
Although steps can be taken to mitigate these problems, there is always a risk of data loss or theft inherent in physical evidence storage. This is a significant limitation of physical evidence storage compared to cloud-based solutions, which often have built-in redundancy and disaster recovery features.
Data is Siloed
Another challenge associated with physical evidence storage is for data to become siloed. When evidence is stored on multiple physical devices or in different locations, it can be difficult to access and manage. This can hinder investigations and collaboration among different teams or agencies.
Say you have multiple pieces of digital evidence across different but connected cases. Some evidence may be stored on DVDs, others on hard drives. Different mediums containing this evidence will be located in different evidence rooms. It will become very time-consuming and inefficient when gathering all evidence for an investigation. This can delay the investigation process and potentially compromise the case.
And the worst part is, it happens more often than you think. Just last year, Dallas Police found that they may be violating evidence law after they failed to turn over an estimated 52,000 pieces of digital evidence.
This evidence, including body cameras, dashcam recordings, and interview footage, failed to reach prosecutors after it was discovered that they weren’t tagged or categorized appropriately. Discrepancies like this were only discovered after an internal audit by the department.
Needs Installation and Setup
A potential factor to consider in cloud vs. physical evidence storage is the initial installation and setup of the infrastructure. Unfortunately, this is one area where physical evidence storage may struggle.
Physical evidence storage requires the installation and setup of hardware and software. This process can be time-consuming and resource-intensive, particularly for law enforcement agencies or legal firms with limited IT expertise.
Besides, delays in budget approval, procurement, and shipping of hardware can further prolong the setup process. This can be a significant disadvantage compared to cloud storage, which can often be provisioned and accessed within a matter of hours or days.
Constant Monitoring and Upgradation Required
Perhaps the biggest drawback in opting for physical storage in the choice between cloud vs. physical evidence storage is that it requires constant monitoring and upgradation. This is often needed to ensure optimal performance and security.
Hardware is prone to wear and tear—even the most long-lasting physical media like flash drives and SSDs may face degradation. Besides that, hardware may need to be updated regularly to address vulnerabilities, improve performance, and support new file formats.
If the equipment is outdated or not specifically designed for evidence storage, it may not provide the necessary security, performance, or reliability. Additionally, using existing hardware can increase the risk of data loss or corruption if proper maintenance and backups are not in place.
This ongoing maintenance can be time-consuming and resource-intensive. For small departments or firms that don’t have the budget for dedicated IT staff or outsourcing to third-party providers, this can be a problem.
Cloud-Based Solutions vs. Traditional Storage: Which One is Better for Evidence Storage?
The choice between cloud vs. physical evidence storage for digital evidence is one that many law enforcement agencies, legal firms, and other organizations must consider. Both options have their advantages and disadvantages, and the best choice will depend on the specific needs and circumstances.
Traditional storage may appeal to agencies and departments that prefer complete control over their data. They also tend to suit organizations with limited budgets, experience, or resources to invest in evidence management. However, there’s no denying that the method of evidence storage may have become outdated.
Of course, there are uncertainties over data integrity, traceability, and the long-term viability of traditional storage media. This is leading agencies to consider making the switch to cloud evidence management.
Cloud-based digital storage brings a host of benefits for evidence management. These include scalability, accessibility, and cost-effectiveness. They can also provide robust security features and disaster recovery capabilities. And with cloud providers improving their security posture, any trepidations about cloud security might be a thing of the past.
There may even be a third option for those who want to embrace the digital future of evidence but retain a degree of control over their data—a digital evidence management system. These solutions allow organizations to host their evidence in a secure and centralized platform with role-based access control, chain of custody, redaction, and more. These are just some of the key features to look for in a digital evidence management system on the cloud.
What’s more, some digital evidence management systems offer flexible deployment. This means they can be deployed as SaaS, cloud, on-premises, or hybrid. This allows law enforcement agencies to have the best of both worlds.
To learn more about how a DEMS helps, read our blog on overcoming the challenges of physical evidence storage.
Store Evidence Securely with a Digital Evidence Management System
As digital evidence becomes increasingly common in law enforcement and prosecution, there’s a pressing need to adopt secure storage solutions. Whether your agency prefers to store evidence in cloud vs. physical evidence storage depends on your needs and feasibility.
While traditional methods like physical evidence storage may have worked well in the past, they may fall short of meeting the demands of modern investigations. That signals that it may be time to adopt scalable and efficient storage solutions such as cloud evidence storage.
For those who want the convenience of cloud storage but the control of physical storage, an on-premises digital evidence management solution may be the option. Solutions like VIDIZMO Digital Evidence Management Solution allow law enforcement agencies to store, manage, analyze, and share their evidence from a centralized platform.
Try VIDIZMO DEMS free for 7 days, or contact sales to learn more about how we can help you.
People Also Ask
What is the difference between cloud vs. physical evidence storage?
The difference between cloud vs. physical evidence storage is that cloud storage stores data remotely on servers managed by a third-party provider. On the other hand, physical storage requires data to be stored on physical media like hard drives or DVDs.
What is cloud evidence management?
Cloud evidence management refers to the use of cloud-based platforms to store, manage, and analyze digital evidence.
What are digital evidence cloud solutions?
Digital evidence cloud solutions are specialized platforms designed to handle the unique requirements of storing and managing digital evidence. They often include features like data encryption, chain of custody tracking, secure sharing options, and evidence analysis tools.
Which should I use between cloud-based solutions vs. traditional storage for evidence?
The choice between cloud-based solutions vs. traditional storage for evidence depends on factors like the nature of the evidence, your department’s budget, and your IT infrastructure. Cloud-based solutions are generally more scalable and accessible, while traditional storage offers more control but can be limited by capacity and durability. Using an on-premises digital evidence management system might be a good middle ground.
Why is storing evidence in the cloud important?
Storing evidence in the cloud is important as it centralizes scattered evidence sources to allow for easier and more transparent evidence management, access, and sharing.