Friday, September 30, 2011

Social Media and eDiscovery: New Kid on the Block, but the Same Story




http://ow.ly/6JYbE

Article by Allison Walton, posted on the e-Discovery 2.0 blog.

The article discusses the increasing impact that social media is having upon eDiscovery in litigation.  The author states, "Recently, Symantec issued the findings of its second annual Information Retention and eDiscovery Survey, which examined how enterprises are coping with the tsunami of electronically stored information. Having lost some popularity, email came in third place (58%) to files/documents (67%) and database/application data (61%) when respondents were asked what type of documents were most commonly part of an eDiscovery request. The new kid on the block for data sources is social media, reported by 41% of those surveyed. Social media is in essence no different than any other data type in the eDiscovery process, it’s just the newest. Said another way; social media is the new email."  A link to Symantec's findings is provided in the article.

As the author points out, "What is newsworthy is the question of how to effectively store, manage and discover these communications which come in such varying forms, making the logistics of doing so for social media different than for traditional mediums."

The article goes on to further state, "Unlike email, social media comes in many different forms (Facebook, LinkedIn, Twitter, etc.), is not controlled within an organization’s firewalls (custody, possession and control issues), and has more complex requirements within the information governance lifecycle (technology is needed to ingest social media into an archive).

The two main areas to examine in relation to social media use and an organization’s policies are: 1) the legal issues that apply specifically to the organization, and 2) the logistical and technical requirements for preservation and collection."

The author recommends, "...organizations should evaluate which laws and regulations apply to their organization, develop a policy and train their employees on that policy."



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