Unlocking The Full Potential of Enterprise Data
3.4 DATA LIABILITY
Electronic discovery or eDiscovery 21 refers to the process of identifying , collecting , and producing Electronically Stored Information 22 ( ESI ) for use in legal proceedings . This can include emails , documents , databases , and other forms of digital data ( IoT data for example ).
Enterprise Data assets can hold significant evidentiary value , supporting 23 an organization ’ s legal , regulatory compliance , or insurance claims . Conversely , these assets may also bolster the adversary ’ s position 24 in such eDiscovery scenarios , rendering them liabilities .
This raises a critical question : once data has met its minimum retention requirements as stipulated by laws and regulations , can it be deleted despite its liability status ? This dilemma involves major ethical , moral , and legal implications , particularly in industries where safety considerations 25 are paramount . Mishandling this issue can lead to severe , sometimes disastrous , repercussions 26 for enterprises .
The US Federal Rules of Civil Procedure 27 ( FRCP ) 2023 mandates strict guidelines regarding the scope and timeframes of eDiscovery processes . They also mandate the suspension of deletion of responsive data 28 ( ESI ) upon the anticipation of litigation . Failure to comply with this requirement constitutes spoliation 29 , or the destruction of evidence .
Very Important : This article and all its contents do not constitute legal advice regarding data retention policies and enforcement . The organization ’ s Legal Counsel is the ultimate authority on these matters , and IT and OT teams must adhere to their guidelines and instructions .
Organizations should begin with the development and publishing of well-researched and legally defensible data retention policy for all data assets , including OT data . They should then define their disposition enforcement activities based on the following considerations :
• Identify data assets subject to litigation , regulatory , and insurance investigations , and place them “ on hold ” ( suspend disposition activities on them ).
21 https :// www . proofpoint . com / us / threat-reference / e-discovery
22 https :// powerhouseforensics . com / ediscovery / types-of-esi /
23
Innocence
24
Guilt
25 https :// alexanderlaw . com / blog / gas-tank-fires-the-4-9-billion-verdict-against-general-motors-for-theexplosion-of-a-1979-chevrolet-malibu /
26
What happened to Enron ? https :// www . investopedia . com / terms / e / enron . asp
27 https :// www . uscourts . gov / rules-policies / current-rules-practice-procedure / federal-rules-civilprocedure
28
Data deemed to be relevant to a case
29
Spoliation is a criminal offense Journal of Innovation 45