Acquisition and Interpretation of Digital Information in Forensic Assessments

Abstract

Despite the now ubiquitous presence of technology in everyday life, there is little written on the subject of personal digital data as it pertains to forensic mental health evaluations. Ethical concerns and limited consensus guidance on this issue have previously made it challenging to use this information in a responsible way. This Perspectives article elaborates on the different types of personal data that exist and the practical aspects of acquiring such information, including data location and legal considerations. Incorporation of personal digital information into the forensic assessment as a form of collateral information is discussed, along with the current state of the literature on technology use and its relationship to psychopathology and risk. Given the important role of technology in the life of the modern individual, deeper research into this topic will be necessary in the immediate future to establish practice standards for the safe and ethical use of digital information in both forensic and non-forensic mental health assessments.

Widening the net: Use of social media data in personal injury and disability evaluations

“…It may be useful in providing information about the examinee's functioning over time and may help to corroborate (or disconfirm) aspects of the examinee's self-report. As noted by Burton and Drogin (2021), SNS data are "not necessarily definitive or diagnostic, but rather one piece of a complex puzzle that may better inform our understanding of the individual's mental status at the time of an event" (p. 237).…”

“…The ethics of digital data acquisition and use can quickly become complex (Burton & Drogin, 2021). Over the past 20+ years, authors across disciplines have articulated substantive philosophical and legal issues related to informational privacy, trust and autonomy, justified cause, authority, necessity, means, social sorting, function creep, distance, chilling effects, and power, some of which is drawn from the history and applied ethical philosophies of surveillance ethics (see Allen & Rotenberg, 2016).…”

From Reddit to manifestos: Forensic evaluation of incel online activity

“…-DUPRÉ ET AL. Burton and Drogin (2021) review ethical considerations with the acquisition and review of social media data, including concerns about authenticity, as digital data may easily be manipulated; and volume, as prejudicial or irrelevant information may be found while searching social networking profiles. The American Bar Association has also commented on social media, reporting that Internet data is increasingly relevant (Jordan, 2019).…”

“…Notably, several high-profile cases have used digital collateral. In the 2014 Massachusetts case of Commonwealth v. Carter, 18-year-old Conrad Roy died by suicide in his car (Burton & Drogin, 2021;Commonwealth v. Carter, 2019). Michelle Carter, a 17-year-old with whom he had a relationship was eventually charged with voluntary manslaughter.…”