E-discovery Discussion. Policies and Procedures. Do you have a set of e-discovery policies and procedures ? Who is the lead for e-discovery efforts on your campus? Do you have a workflow for handling incidents ? Do you insource/outsource collections or analysis?. Policies and Procedures.
Policies and Procedures • Do you have a set of e-discovery policies and procedures? • Who is the lead for e-discovery efforts on your campus? • Do you have a workflow for handling incidents? • Do you insource/outsource collections or analysis?
Policies and Procedures • Drivers: • Burden on Staff • 5-10 hours 65% of the time (ND) • Cost • 10K outsourcing vs. 3K insourcing for collection – 1.5 FTE (UCSF) • Type and volume of litigation • Schools dealing with 2-3 requests/year may not require automated tools; complete litigation holds may require outside help
Data Retention • Do you have a data retention policy? • Email • Documents • Metadata (logs, etc) • How does the account lifecycle affect the above? • active employees and students • terminated employees, etc.
The Cloud and E-Discovery • How has the move to the cloud changed your e-discovery policies and procedures? • Do you require your cloud providers to notify you or refer law enforcement to your school for data requests?
Move to Cloud? Some considerations • Information Governance — Will the provider delete data pursuant to the business’s records retention policies? • Preservation — How will a litigation hold be implemented? • Accessibility — How quickly can data be accessed and retrieved for the purpose of e-discovery? • Format — In what format will data be stored and in what format will it be retrieved? • Collection — Can targeted collections and searches of data be done? • Review — How will data be accessed, searched and retrieved? • Production — What file options are there for exporting data out of the cloud? • Location — Where will the hardware storing the data be physically located in the world? • Security — What security measures will be in place to protect against the unauthorized disclosure of data? • Risk of Loss — What happens if potentially relevant data or metadata is deleted or altered? • Admissibility — Will data be stored and retrieved in a way so that it can be admitted into evidence during litigation? • Cost — Will the provider charge any additional costs for any measures that need to be taken to comply with e-discovery?
Many Thanks to… • David Rusting • Mike Chapple • AsbedBedrossian • Charles Leonhardt