Much is written about the increasing burden of regulations faced by organisations, be it specific to a particular industry or cutting across all sectors. But another key challenge faced by organisations is the threat of litigation and one of the fastest growing areas here, in the US at least for now, is that of facing lawsuits related to electronic discovery, also known as e-discovery. E-discovery is the process of producing electronic documents for use as evidence in a lawsuit, which can be information in any format that might be considered relevant to an investigation, with some exceptions, such as information that is considered to be privileged.
Are you one eDiscovery away from a budgetary meltdown?
Governments are getting hot on electronic data. They want to get their sticky mitts on your data – and where they have the requisite warrant, the need to ensure that you provide that data to them within a requisite timescale is vital.
Gone are the days of being able to say “we had a flood/fire in our storage centre – all the paper was destroyed”. Similarly, you won’t get away with prevarication around “We know it is on a tape – somewhere. We’ll find it – eventually”; followed by “Here’s three large trucks of stuff – we’ll let you find it”. A modern eDiscovery notice will be pretty focused, setting out exactly what needs to be disclosed – and when.