As with embedded metadata, associated metadata can include a range of information that serves to establish the audio data’s potential relevance and probative value. The Collector should ensure each audio data file includes comprehensive associated metadata, which will enhance the evidentiary value of the respective audio data in the event it is tendered as evidence.
Associated metadata includes, but is not limited to:
- A written description of the content of the audio data, including the circumstances and context of its creation;
- An explanation of the technical processes and equipment involved in the collection of the audio data and any concerns regarding its quality;
- The personal observations of the personnel involved in the collection of the data;
- Information about the audio data’s history and chain of custody, including:
- dates and names of personnel involved in the data’s creation, processing, and subsequent access, alongside details of location, activity undertaken, and purpose of the activity;
- the status of any duplicates made, and a clear link to them;
- a description of any enhancements made to the data;
- applicable cryptographic hash values and/or signatures;
- If the audio includes a human voice, the transcriptions and, if applicable, translations of the audio (see BP 12);
- The data’s labelling schema and labels (see BP 11).
Tech Specs & Resources
Refer to BP 11 Technical Specifications + Resources, regarding the organisation of associated metadata in the asset management system.
Legal Framework
See section 5.2. and section 5.3. on the importance of accurately documenting the date and circumstances of the collection of information for the relevance and probative value of evidence.
See section 5.3. on the role that metadata can play in establishing the reliability and authenticity, and therefore probative value, of audio data.
See also Prosecutor v Bemba (ICC), Public Redacted Version of “Decision on the Prosecution’s Application for Admission of Materials into Evidence Pursuant to Article 64(9) of the Rome Statute” of 6 September 2012, para 84, wherein the Trial Chamber refers to the role of ‘date, circumstances and context in which the recording was created’ in establishing relevance and probative value’.
See also, among others, Prosecutor v Ongwen (ICC), Confirmation of Charges, para 51, wherein the Chamber indicated that the detailed explanation of the process of interception and analysis of radio communications provided by the Prosecution contributed to their finding that the evidence was reliable.
Applicable Ethical Principles Accountability; Accuracy, Impartiality, and Objectivity.