Electronically Stored Information – Part 3

While businesses have many reasons that affect how they handle their data and records, there is no arguing that other forces have a large impact on making decisions regarding this asset. One such force is their vulnerability to being sued. Minimizing harm from legal liability can be critical and aligning procedures to properly handle records is a key issue.

The court room has long acted as a guide in how businesses create operating procedures with paper records and it is in that same position with ESI. One tool of litigation may be particularly useful, the Electronic Discovery Reference Model (EDRM).

EDRM describes a number of components that help parties in meet the demands of an efficient discovery process. Handling and storing information via a method that meets the legal obligation of providing full, relevant information in a lawsuit is a solid guide for managing ESI.

Here are the components of the EDRM.

Information Governance –Concerning the creation, evaluation and storage of ESI.

Identification–This refers to determining all of a business’s sources that generate ESI.

Preservation–Refers to procedures that protects ESI against unintended modification, loss or destruction.

Collection – definition?

Processing–Methods for optimizing ESI in order to be efficiently reviewed and analyzed.

Review–Determining whether the ESI that is made available to others is relevant and does not violate confidentiality.

Analysis–Properly examining ESI with regard to whether it exists in a form that provides sufficient context and content.

Production–Refers to the ability to share information in the right format and using a correct method of delivery.

Presentation–The ability to display ESI to others during a legal meeting such as a deposition, a trial, etc. Presentation should be done in a manner that assists a legal objective.

Please see parts 1 and 2 of this article for additional information on ESI.

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