I recently assisted an attorney in creating a preservation request for an Apple Watch and the iPhone associated with it. Here is the language. Feel free to use this as a template for your own needs.
PRESERVATION NOTICE AND REQUEST
To: [Recipient Name]
[Company/Organization]
[Address]
[City, State ZIP]
RE: Preservation of Apple Watch and Associated iPhone Data
Dear [Recipient Name],
As an attorney representing [Client Name], I am writing to formally request the immediate preservation of electronically stored information (ESI) and physical evidence related to an Apple Watch and its associated iPhone. The data stored on these devices may be critical to ongoing or future legal matters, and it is imperative that all relevant information be maintained in its original, unaltered state.
Preservation of Apple Watch Device:
The Apple Watch device in question, including any accompanying accessories (e.g., charging cable, user manual), must be promptly secured and preserved in its current condition.
The device should be stored in a secure, temperature-controlled environment to prevent any physical damage or deterioration. Access to the device should be restricted to authorized personnel only, and a clear chain of custody should be maintained to ensure the integrity of the evidence.
The device should be powered off to ensure no changes, modifications, or deletions of data occur.
Preservation of iCloud Account:
1. In addition to the physical devices, it is essential to preserve the iCloud account associated with the Apple Watch. This account may contain vital information related to user activity, health metrics, and GPS data. To ensure the preservation of this account, please take the following steps:
2. Immediately suspend any automatic deletion or overwriting of data associated with the account.
3. Preserve all data stored within the account, including user profile information, activity logs, health data, and GPS records.
4. Obtain the username and password from the account holder to ensure an examiner has access to the account for forensic acquisition and examination of the data.
Preservation of Associated iPhone:
The iPhone associated with the Apple Watch is equally important and must be preserved with the utmost care. The following protocol should be adhered to:
1. Immediately cease all use of the iPhone to minimize the risk of data overwriting or deletion.
2. The iPhone should be placed into airplane mode and powered off until an expert can
perform a forensic acquisition of the data on the device to prevent any changes, modifications, or deletions of data.
3. Document the current state of the iPhone, including any visible damage with photos.
4. Place the iPhone in a shielded, anti-static bag or container to prevent any electromagnetic interference or static electricity from damaging the device or its data.
5. Label the container with the relevant case information, date, and time of collection.
6. Store the iPhone in a secure, temperature-controlled environment.
7. A forensic image of the iPhone's data should be created as soon as possible. This process should be performed by a qualified digital forensics expert who can ensure the integrity of the data and maintain a proper chain of custody.
8. The forensic image should include all internal storage and any removable storage cards (e.g., SD cards) associated with the iPhone.
9. Preserve the physical iPhone and any accessories (e.g., charging cable, case) in their original condition.
It is crucial that the Apple Watch and the associated iPhone be preserved until a digital forensics expert can properly examine them. The expert will be able to analyze the devices and extract relevant data, including but not limited to user activity, health metrics, GPS data, and any communication related to the devices.
Please confirm receipt of this preservation notice and request and provide written assurance that the necessary steps have been taken to secure and preserve the Apple Watch and its associated iPhone, as detailed above.
Failure to comply with this request may result in legal consequences, such as sanctions or adverse inferences in future legal proceedings. If you have any questions or concerns regarding this matter, please do not hesitate to contact me.
Sincerely,
[Attorney Name]
[Law Firm]
[Contact Information]
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