Electronic Data Discovery Guidelines
Electronic discovery is the retrieval of data in the electronic format.
These days, information is being increasingly created, stored and
transferred in the electronic form. Computers, hard disks, CDs, DVDs, floppy
disks and tapes are some of the most commonly used storage devices. Data can
be transferred from one location to another via electronic, voice or video
mails through the Internet. All this has made the data more vulnerable.
Electronic data can be protected to a certain
extent, but is also susceptible to being altered or erased by anyone. This
erased or altered data is not completely gone from the system, but can be
retrieved using special software tools. The process of recovering useful
information from vast amounts of data is known as data discovery. Data
discovery has become an important tool in lawsuits today.
There are certain guidelines relating to electronic data discovery. Some of
them are:
1) counsel should become knowledgeable about their clients’ information
management systems and their operation, including how information is stored
and retrieved. In addition, counsel should make a reasonable attempt to
review their clients’ electronic information files to ascertain their
contents, including archival, backup, and legacy data (outdated formats or
media);
2) To determine what information must be disclosed pursuant to this rule,
counsel shall review with their clients the clients’ electronic information
files, including current files as well as back-up, archival, and legacy
computer files, to determine what information may be used to support claims
or defenses (unless used solely for impeachment). If disclosures of
electronic information are being made, counsel shall also identify those
individuals with knowledge of their clients’ electronic information systems
who can facilitate the location and identification of discoverable
electronic information;
3) A party seeking discovery of computer-based information shall notify the
opposing party of that fact immediately, and shall identify as clearly as
possible the categories of information that may be sought;
4) the parties shall confer regarding the following matters: computer-based
information in general, e-mail information, deleted information, back-up and
archival data, format and media, costs and privileged material. Guidelines
may differ from country to country and from state to state.
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