Question 1
The importance of implementing a forensic readiness plan cannot be underestimated. This is especially so because organizations are usually foresighted. A forensics readiness plan is beneficial because it acts as a buffer for the organization in the event that some form of digital evidence may be needed in future for disciplinary purposes or in legal matters. It provides conclusive information on what is alleged to have transpired.
A top requirement for the establishment of forensic readiness within an organization is the determination of requirements for evidence collection. This will ensure that the organization does not abrogate any laws, especially laws to do with privacy. Another top requirement is the development of a policy on the proper chain of custody.
Question 2
Whereas employers are required to respect the right to privacy of employees and former employees, there are no laws that specifically prohibit employers from conducting workplace searches. This should, however, be done reasonably. Mr. Belcamp’s assigned company locker can be searched since Mr. Belcamp has knowledge of the fact that it the company has access to it. It can also be searched because there is reasonable cause to do so. The use of a master key to search his locked desk is however unreasonable. It infringes on the right to privacy since his personal belongings could be stored therein. Upon being fired, Mr. Belcamp should be asked to retrieve his belongings from the locked locker and after he has done so and exited the premises, his locker can then be searched.
Question 3
Since Belcamp has been working for the company, it can safely be presumed that any digital media in his possession at the aforesaid point of exit belong to the company. In light of this, if the security staff are directed to open his briefcase and search for any missing digital items, the action will be deemed reasonable since there is a tenable suspicion of theft (Adams, 2004).
Question 4
When an employee renders his signature on a notice, it is conclusive evidence of the fact that he has not only been in receipt of it but he has also read it, understood it, and agreed to be bound by it. It is imperative that an organization exercises due diligence by ensuring that the employees have rendered their signature on the employee handbook. If an employee does not sign, the result is that he cannot be required to submit to the contents of the notice.
Question 5
If the police are to be involved, it is imperative that the process of investigation (and particularly search and seizure) is done in a legal manner. Illegally obtained evidence is generally not admissible in a court of law since it goes against public policy. It is indeed true that whoever comes to equity is required to come with clean hands (Poll, 1952). If the police are involved, the organization will, therefore, need to ensure that all evidence is collected in a lawful manner.
Question 6
Chain of custody can be described as the chronological documentation of the sequence of the sequence of possession of an object from the time it was seized of until the end. It operates as conclusive proof of transmission of the object from one person to another. In line with this, chain of custody is important because it authenticates the tenability of an object as evidence and shows that the object has not been altered in the process of transmission (Bowman, et al., 2002). Failure to document the chain of custody will mean that the authenticity of the object will be in doubt.
References
Adams, C. (2004). The right of privacy of employees with respect to employer-owned computers and e-mails.
Bowman, D., Bowman, J., Lewis, D., & Paisley, R. (2002). U.S. Patent Application No. 09/737,185.
Poll, R. (1952). He Who Comes Into Equity Must Come With Clean Hands. BUL REV., 32, 66