As technology has become part of every area of life, the evidence used to prove disputes has also begun to change. Today, messages, e-mails, social media content, camera recordings, digital files and various other electronic data play an important role in many legal proceedings.

Digital evidence can be used in a wide range of matters, from criminal investigations to divorce cases and from commercial disputes to employment law proceedings. However, not every piece of data found in a digital environment automatically qualifies as valid evidence. How the evidence was obtained, how reliable it is and whether it was obtained lawfully must be assessed carefully.

What Is Digital Evidence?

Digital evidence (dijital delil) means any electronic data that exists in an electronic environment and can help prove an event, a relationship or a legal claim.

Examples of digital evidence include:

conversations on WhatsApp and other messaging applications,
e-mail records,
social media posts,
photographs and video recordings,
computer and phone records,
server and log records,
electronic contracts and digital documents.

Are WhatsApp Messages and Screenshots Admissible as Evidence?

One of the most frequently asked questions today is whether WhatsApp conversations or screenshots can be used in court. Digital conversations may be subject to legal assessment depending on the circumstances of the case and the way they were obtained.

However, a screenshot on its own may not always be sufficient. The authenticity and integrity of the messages, who sent them and whether they were obtained lawfully are all important.

In Which Cases Is Digital Evidence Used?

Electronic data can serve as a means of proof in many different areas of law.

In particular:

social media posts and conversations in divorce cases,
digital records in criminal investigations,
electronic correspondence in employment disputes,
electronic documents in commercial cases,
online content in cases of violation of personality rights (kişilik hakları)

are among the areas in which digital evidence can be assessed.

Obtaining Digital Evidence Lawfully

One of the most important issues concerning digital evidence is the method by which the data was obtained. Unauthorised access to another person’s devices, unlawfully obtaining private correspondence or violating personal data may affect the legal value of the data obtained.

For this reason, when planning to use digital data, the protection of personal data, the privacy of private life and the lawfulness of the evidence should be assessed together.

Can Deleted Digital Data Be Used as Evidence?

Some data deleted from phones or computers can, under certain conditions, be recovered through technical examination. However, it cannot be said that every piece of deleted data can necessarily be recovered or used in legal proceedings.

The methods used in digital examinations, the condition of the device, the data structure and the technical processes involved may all influence the outcome.

Court-Appointed Expert Examination of Digital Evidence

In digital disputes that require technical knowledge, examinations by a court-appointed expert (bilirkişi) can play an important role. Examining electronic data, verifying records and assessing their technical features are processes that require specialised knowledge.

Depending on the nature of the case, courts may rely on technical examinations to assess digital data.

The Importance of Managing Evidence in the Digital World

Today, digital data has become decisive in resolving many legal disputes. However, what matters is not only having the data, but also correctly determining how that data will be used in the legal process.

Digital records that were obtained improperly, or whose legal nature has not been assessed, may not lead to the expected result. For this reason, it is important that digital evidence is preserved, examined and presented in a manner suited to the legal process.

Legal Assessment of Digital Evidence with Attorney Ezgi Çalışkan

Using digital data in legal proceedings is not only a technical matter; it is also an area that requires careful legal assessment. Attorney Ezgi Çalışkan works on the assessment of digital evidence, IT-related disputes and the use of electronic data in legal proceedings.

You can obtain professional advice so that data obtained in the digital environment is assessed in a way that protects your rights and the legal process is planned correctly.