Chain of Custody Policy
Chain of Custody Policy
Chain of Custody Policy
Version: 1.0
Last Updated: 04/20/2020
DCN: VMD-CON-019
Table of Contents
1 Policy Statement................................................................................................................................1
2 Purpose..............................................................................................................................................1
3 Scope.................................................................................................................................................1
4 Policy.................................................................................................................................................1
4.1 Collection......................................................................................................................................................... 1
Appendices..................................................................................................................................................1
Appendix A: Acronyms and Key Terms..........................................................................................................................1
List of Tables
Table 1: Acronyms and Key Terms..................................................................................................................................1
List of Figures
No table of figures entries found.
Revision History
Rev. # Release Date Author Reviewer(s) Approver Description of Change
1.0 04/17/20 J. Weiss Baseline version of document
2.0 06/30/20 S. Hyland Update to reflect re-branding
1 Policy Statement
The Chain of Custody Policy ensures that evidence (both digital and physical) has been properly and legitimately
gathered and protected in line with the organization’s best practices.
2 Purpose
The law is clear that all evidence, both physical and digital is held to the same standard of duty to preserve. The duty
to preserve is triggered when a party reasonably foresees that evidence may be relevant to issues in litigation. In
those instances, VMD has a duty to preserve all evidence in VMD’s “possession, custody, or control,” and we know
that generally, evidence is considered to be within the corporation’s “control” when the party has the legal authority
and practical ability to access it.
3 Scope
This policy applies to all VMD employees, contractors, and third-party employees.
4 Scope
4.1 Employees
This policy applies to all VMD employees, contractors, and third-party employees.
4.2 Documentation
The documentation shall consist of a Chain of Custody Policy and related procedures and guidelines including
security requirements stated in federal regulations.
4.4 Records
Records being generated as part of the Chain of Custody Policy shall be retained for a period of time deemed
appropriate by the MRB and done so in accordance with corporate records management procedure. Records shall be
in hard copy or electronic media. The records shall be owned by the Contracts Department and shall be audited
annually.
5 Privacy
The Chain of Custody Policy document shall be considered as “non-confidential” and shall be made available to all
concerned persons. Subsequent changes and versions of this document shall be controlled.
6 Policy
The VMD Director of Contracts is responsible for the Chain of Custody Policy. In addition, the organization should
ensure compliance and enforce the requirements of the agreements with corporate oversight by the MRB. Any
deficiencies that arise will be reported through monthly review with the Director of Quality and documented with
action created for response and correction. The following protocols must be adhered to following an incident to
ensure a proper chain of custody is properly maintained.
6.1 Collection
This is the identification, recording and the gathering of information from credible sources that maintain the
integrity of the information and evidence gathered. Data must be carefully documented upon initial collection.
Completely fill out the chain of custody form with necessary date and proper signatures
Isolated storage areas for evidence with proper labelling (i.e., model, and serial number)
If digital, a second copy must be made for analysis and the original left untampered
Proper release and disclosure agreements for the lawful owner of evidenced and witnesses
Chain of custody documents should include everything pertinent about the information. This includes the date the
information was collected, the location, the individual who collected it, the owner of the data, and more. eDiscovery
chain of custody documents may include the reason that the data was collected and detailed information about the
physical location of the data, such as the serial number of a hard drive.
Changes and transfers to the data must be documented at all times. Log with proper timeline and signatures as to
who has had possession and who has examined the data to date and what changes were made. The chain of custody
must include any transfers and copies of the data, eventually holding a complete history of the data following its
collection. Thorough notes should be taken regarding any interactions with the data, to ensure that nothing is missed.
Collect and preserve all metadata attributes.
If feasible special software should always be used to preserve as much of the original data of the file as possible.
That includes metadata, which may identify when a document was last modified and by who. Metadata attributes
can be easily overwritten or forgotten if the data is transferred by someone unaware of their relevance. Do not use
‘copy and paste’ when preserving information as it can affect this metadata and risk the chain of custody.
Analysis: Investigators for VMD will use justifiable methods to decrypt useful information that resulted
from the examination to answer the questions that arise in a specific case. While performing the final
analysis, all processes applied, and conclusions reached must be noted and recorded with explicit detail.
Reporting: The documentation of the analysis and examination stages must then be collected and reported.
Reporting must a statement regarding the chain of custody, an explanation of the tools used, and any issues
and vulnerabilities that were identified.
7 Enforcement
The VMD Contracts Department verifies compliance to this policy through various methods, including but not
limited to, periodic internal and external audits, and reviews.
Any exception to the policy must be approved by the Director of Contracts in advance.
A relationship or agreement not in compliance with the guidelines set out in this policy risks being terminated is
immediate corrective action is not taken.
Appendices
Table 1: Acronyms