Electronic evidence is transforming maritime casualty investigations, says The Nautical Institute

The second edition of the Guidelines for Collecting Maritime Evidence, published by The Nautical Institute, examines the importance of electronic evidence in maritime casualty investigations. The updated edition, originally released in 2019, reflects the rapid advancements in onboard technology and the evolving responsibilities and risks faced by ship personnel during incidents.

Simon Daniels, PhD, AFNI, Technical Editor of the second edition, highlights the opportunities brought by digital information, but also notes the challenges that come with it. He explains that while ships now generate a vast amount of digital data, it does not guarantee an easier understanding of incident circumstances. Instead, effective investigation still relies on identifying relevant evidence, preserving it promptly, and comprehending the limitations of the systems that generated it.

The guidelines emphasize that the records from modern shipboard technology can significantly contribute to reconstructing incidents and understanding the decisions made. The second edition brings together insights from various maritime, technical, insurance, and legal fields, covering topics like electronic evidence recovery, investigations following fires and machinery failures, cargo deterioration, digital tools, ethics, visual reconstruction and analysis, evidence gathering for prosecution, perspectives from the P&I clubs, average adjustment, and evidence in Admiralty and Commercial Courts.

The publication also addresses the benefits and risks associated with artificial intelligence, stressing the necessity to verify AI-generated material rather than accepting it without professional scrutiny. It further explores the role of just culture in casualty investigations, arguing that open and fair sharing of safety-related information, acknowledging both systemic factors and individual actions, is crucial for effective learning and reducing future risks.

Marius Schønberg, MSc, Vice President and Head of Loss Prevention at Gard AS, writes the foreword, underscoring that proper evidence collection has broader implications than establishing liability. It assists the industry in identifying technical, operational, and human causes, allowing the lessons learned to be applied in reducing future risks.

The guidelines are intended for seafarers, Masters and senior officers, shore-based ship managers, insurers, average adjusters, and legal professionals. The book will be available in both paperback and ebook formats.