Informatica forense, algoritmi e garanzie processuali

The rationale behind the deployment of algorithms in judicial activities and, in particular, in the investigative field is to answer to the enquiries of a judge, prosecutor or any other legal professional. Legal professionals and computer scientists must understand the manifold challenges of the problem under scrutiny to identify the best solution, on the one hand, and, on the other hand, to put into question the above findings. This article maps out the properties of the algorithms deployed in the field of digital forensics with the aim of detecting and analysing any potential digital evidence. The overarching needs are to monitor, understand and justify algorithms’ outcomes. Thus, in view of factors that may render the algorithmic logic procedure less clear, the tech- nical activity shall preserve digital evidence’s usability in trials, in order to safeguard the guarantees of due process according to national and supranational constitutional rights.