The admissibility of electronic fingerprints as evidence in criminal proceedings

Abstract

This study aimed to analyze the admissibility of electronic fingerprints in criminal evidence from a legal and technical perspective, highlighting the challenges and opportunities associated with their use as a modern evidentiary tool. The study employed a descriptive-analytical approach, supported by consultations with legal professionals and digital evidence specialists. The study reached several key findings, including: that electronic fingerprints have become legally accepted at the textual level, but their practical application in evidentiary procedures varies depending on the quality of the procedures and implementing legislation; that there has been tangible progress in adopting electronic fingerprint technologies in Palestinian governmental, banking, and security institutions, despite limited adoption due to available resources; that the chain of possession and technical standards are crucial factors in the admissibility of evidence, while the shortage of qualified personnel and accredited laboratories represents a major obstacle to accurate analysis; that the increasing threat of modern technologies, such as deepfakes, and the lack of international consensus on standards and jurisdictional restrictions hinder access to digital data stored outside the country; and that the need to protect privacy and individual rights when dealing with biometric data has become apparent. Finally, there is a growing trend toward hybrid biometric technologies to enhance accuracy and resist forgery. The study recommended establishing a comprehensive legislative and regulatory framework to govern the collection, storage, and use of biometric data, along with safeguards to protect rights; standardizing technical and procedural criteria in accordance with international standards to ensure the validity of evidence and the integrity of the chain of possession; establishing a national digital forensics laboratory and training judicial and security personnel in its use; and investing in digital forgery detection technologies and adopting hybrid biometric systems to enhance the reliability of electronic fingerprints as a means of criminal proof.