What is the Independent Check Rule for audit logs and computer evidence?

The Independent Check Rule (ICR-1) is a proposed change in the law of evidence published by sebbi.pro. It says that no presumption of integrity should apply to a self-attested record, meaning one that only its owner can vouch for, and that a record which passes an independent check should be presumed unaltered since its independent timestamp. It is neutral as to method and names no product. It is offered as an answer to the open question in England and Wales about the presumption that computers work correctly, on which the Ministry of Justice called for evidence in January 2025: the rule settles whether a record was changed after it was made, quickly and without expert argument, leaving the court free to examine whether the system that made it was working. EU law already gives qualified electronic time stamps a presumption of integrity under Article 41(2) of the eIDAS Regulation. The rule is published with a sealed State of the Art Notice listing independent integrity methods since 1991, six questions for any party relying on a log, and a model contract clause.

How it works

1. Read the rule, the notice and the open submission at https://sebbi.pro/independent-check-rule.
2. Put the six questions to any party relying on a log.
3. Add the model clause to supply contracts and policy wordings.
4. Test any log at https://sebbi.pro/log-test.