What is a log file and how can I use it as evidence in court?

Elena Mashina

Content:

What is a log file and how can I use it as evidence in court?

Many companies use the site as their main tool for doing business and interacting with customers. In this case, the contract for the provision of services is concluded online, and for acceptance the user must tick the appropriate box.

This fact must be proven if claims against the site owner arise from regulatory authorities or consumers who deny the fact of acceptance and use of the services. For example, a person took out an online loan through the MFI's website, and then refuses to repay the loan and claims that he did not open it. The same applies to situations when a site visitor consents to the processing of personal data or subscribes to the newsletter. You can use a log file to prove that certain users have committed actions on the site.

It is an electronic system information log. It displays the work of the server and the actions of site visitors. The log file can be stored in a text or binary file, database.

Can the log file be presented in court?

The use of log files as evidence in the consideration of criminal and administrative cases in court is regulated by Articles 64 of the Arbitration Procedure Code of the Russian Federation and 55 of the Code of Civil Procedure of the Russian Federation. Information to the judicial authorities can be provided in the form of text on paper or on digital media with data on the logs used by the user in the applications and their settings. We recommend using both methods at the same time.

The proof can only be a correct and unchanged log. If there are signs of changes being made, an examination of the log file is carried out, which makes it possible to assess its authenticity. Log files have varying degrees of evidentiary power depending on the source of receipt. In total, there are three categories of logs:

Belonging to the plaintiff (victim).
Belonging to the defendant (accused).
Owned by third parties (internet service provider, hosting company).

The lowest evidentiary power is in the logs from the first group. In theory, the plaintiff has the ability to change the files, being their owner. For use as evidence in the consideration of the case, it is advisable to obtain an expert opinion in advance that the files are reliable.

If the logs are withdrawn from the systems belonging to the defendant in the course of investigative measures, a seizure protocol is drawn up, after which the files are sent for examination to establish their authenticity. After receiving the opinion, they acquire probative value.

The procedure for confiscating files from a provider complies with the Federal Law "On Communications" (Part 4, Article 63). According to current requirements, information about electronic messages can only be released to the sender, recipient and their legal representatives. If the court is considering a criminal case, then with the consent of the victim, the provider company is obliged to provide the investigation with the information of interest. Also, the seizure of log files from the provider can be performed on the basis of a court decision.

When conducting a trial, a lawyer has the right to submit a request for obtaining logs from the provider. The study of this information may be required by a legal entity. He needs to file a petition to reclaim the logs from the Internet service provider with the justification of his claims. If they are legal, the court will oblige the provider to provide the required information.

Examples from legal proceedings

There are many examples where logs were used as full-fledged evidence and influenced the adoption of a court decision. In 2018, the Lipetsk Regional Court, when considering the criminal case 22-717 / 2018, recognized the evidentiary force of the log files, which confirmed the fact of gaining access to the personal account of the Internet bank through the Google Chrome browser. The authenticity of the files has been checked and confirmed by expert examination.

When considering cases in an arbitration court, the logs were used to verify the electronic signature. One of the striking examples is case А40-119118 / 2017. An examination of the logs confirmed that the plaintiff signed the payment orders, since the information from the log files matched the plaintiff's HSA key certificate.

When considering the case А63-9031 / 2010, the court confirmed the fact of providing consulting services within the framework of the contract, having studied information from the log files, which contained information about the connections between the IP addresses of the defendant and the plaintiff.

In case А40-148298 / 18, the log files served as evidence of the conclusion of an online OSAGO agreement between the policyholder and the insurer.

Thus, in court proceedings, log-files can be used as full-fledged evidence, however, their legal status must be clearly defined, and the authenticity of the information must be confirmed by expert examination. Find out more information on this matter by contacting the A4 Law Firm team of lawyers.

What is a log file and how can I use it as evidence in court?