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Electronically Stored Information – Part 2


In part 1, the discussion was about the transition taking place with a business and its responsibility with regard to the growing reality of electronic records.

Businesses routinely back-up data and store it on tapes or other media. Computers themselves replicate and keep many copies of information, storing it randomly according to its software programming. However, older information may become extremely difficult to access or analyze because of obsolescence of software and changes and upgrades to software and hardware.

A defendant to a lawsuit may be found liable for producing information yet, while having the information in backups, they may be unable to actually provide the data, or to provide it in a meaningful form. Now requests for data may be under increasing control of judges who may be responsible for making technologically-laden decisions on how data searches are to be performed and on the parameters of such searches.

Businesses may have to totally reconsider their procedures on handling and storing their information. This becomes a daunting task considering the unprecedented volume in which electronic data is created. A driving element regarding ESI is directly related to legal ramifications.

However, as conditions and requirements are shaped in the courts, information and a business’ responsibilities can no longer be considered normal or mundane. Please see parts one and three of this article for more information.


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