4 Challenges When Conducting an Enterprise eDiscovery Data Inventory
An important first step to help corporate counsel and their departments more efficiently manage enterprise eDiscovery data before litigation arises, is understanding your organization’s data landscape in order to avoid potential data pitfalls in the middle of a matter.
The challenge lies with the near infinite number of file types (and variations within each type) in which data can live. Every program and application you use creates different file types: email, chat, social media, planning and content-creation tools, etc. Different versions of the same program or application create variations of those file types, and different formatting within each of those can create still more variations.
Here are 4 Data Challenges any enterprise should discuss with their IT Director and eDiscovery Manager, so that they can begin a data inventory and put policies in place ahead of litigation, which will greatly cut down on roadblocks later.
- The Fringes – Legacy and Bleeding Edge
Have you ever cleaned out your closet and found that shoebox full of cassettes from college? Businesses are no different. Many of their electronic files are stored as legacy file types which are no longer supported. A great example is one company who needed to review files which were saved on 8-inch floppy disks! Knowing this ahead of litigation is important.
On the other end of that spectrum, being on the forefront of technology is great, but when it comes to preparing files for eDiscovery, it can slow things down. Similar to knowing about legacy files, it’s also important to take note of recently developed software or applications your organization may use which creates unique file types.
- New Data Sources – Mobile, IM, and Social Media (Oh My!)
Mobile devices can be difficult when it comes to eDiscovery for many reasons. They contain a large variety of file-types and data intermingled with a lot of private information, which may be privileged. Extracting specific information can be difficult and imaging an entire device can be costly. This is why it’s important to have policies in place to determine how mobile devices are used for business purposes.
Organizations are also relying on messaging platforms (Slack, Teams, and What’s App are good examples) and social media to conduct business. Data can usually be requested from the source company (For example, Instagram has a data request form in its Privacy and Security settings), but it can be difficult to put into a review-ready format. So, knowing if these platforms are a potential source of data—should litigation arise—is important.
- The Oddballs – Unsupported Data Files
Besides the file types listed here, there are a myriad of other unsupported file types which may come into play (A good example are CAD files used by an architecture or construction company). Because they are used every day by members of an organization, the fact that they may be difficult to process for review may not be considered in the event of legal action.
- Size Matters – Understanding Your Organization’s Overall Dataset
Besides knowing the file types your organization may use, knowing the size of that data is also difficult to capture, especially with the exponential growth of electronic information each year. Doing a data inventory will give you an idea of how much data is created for a given amount of time, as well as how much of that data may be ROT (Redundant, Obsolete, Trivial).
It’s easy to get stuck in a “that’s the way we’ve always done it” mentality, but eDiscovery data challenges shouldn’t get in the way of your enterprise legal team’s ability to quickly understand the facts in a matter. For more insights into your organization’s data landscape, Download the IPRO Pre-Litigation Data Inventory Checklist now!
