![]() ![]() ![]() Data might not be on the network it could be on an employee’s smart phone or mobile device. Still, it’s the responsibility of the entire organization to keep it intact and unaltered until it can be moved to a safe storage location. The team responsible for e-discovery will collect and preserve it. ![]() It can take months to search large databases, and the right data must be made available to investigators in a timely manner.Īnd even if all data is identified, employees must be warned not to tamper or delete any of it. This means that several people might be involved in finding and collecting data. Organizations with large systems must know where data is stored and have access to retrieve it. Staying prepared, having the right controls in place, and keeping accurate audit trails are critical to identify and preserving relevant data.Īnother issue is the sheer volume of data that must be collected. It’s not an optional part of an investigation all litigants must go through e-discovery procedures. Even if the organization identifies an attacker, law enforcement needs proper evidence to file criminal charges.Ĭomplicating matters, companies are often completely unprepared for the e-discovery process. Even with in-house staff, investigating data privacy violations and digital compromise can difficult. Whether the organization is the complainant or the defendant, the process of e-discovery is often new territory as they work through each stage. If the system was compromised, then the organization should consider investigating further to identify the vulnerability and contain the threats.Į-discovery is often misunderstood, and often, doesn’t become important until a lawsuit is filed. E-discovery would help determine whether any inappropriate data access was due to an insider threat or system compromise. An audit trail is required in many of the regulatory standards that oversee private data storage and processing.Īn audit trail helps identify who accessed data and at what time. Organizations must also understand the way e-discovery works so that they can preserve data when investigating inappropriate data access and privacy issues. Tampering with digital evidence or poorly executing any of these stages during e-discovery could lead to losing the lawsuit. The answer: e-discovery is critical for your success during lawsuits. But the process can take months, and it gets more complex during higher-profile lawsuits.Īttorneys handle the e-discovery phases, so you might wonder why you should care or be interested in the way it works. The nine stages of e-discovery seem simple on paper. This phase can also be automated using software to extract important information from a sea of irrelevant data. The processing phase of electronic discovery involves organizing data and finding the right assets for analysis. Processing: Raw collected data is usually unorganized and ill-suited to present to attorneys or the court. ![]() The team responsible for collecting data must ensure that digital assets are preserved without altering essential metadata such as file creation dates, size, and audit logs attached to each file. Collection: Several technologies exist to collect data, but the chosen application must follow a defined legal process.Preservation: After data is identified, data owners are formally instructed to preserve data (and to not delete it).But how do you know what data to save? In the identification phase, a team determines what data must be preserved by interviewing key stakeholders, reviewing case facts and analyzing the digital environment. Identification: When litigation is imminent, all parties must attempt to preserve evidence.Best practices are managed by the IGRM model, which provides a framework for all e-discovery agencies to follow. Information governance (IG): IG is an umbrella term used to describe the procedures, controls and policies for data collection and preservation. ![]()
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