What is discoverable when it comes to investigations?
We fielded a recent customer question that made us take another look at what IT organizations need to consider when performing eDiscovery searches or responding to information queries such as Freedom of Information requests.
The question was initially surprising, but when we looked closer, it’s a reasonable one and an area where IT and Legal only intersect when there are problems.
What is ESI?
The term ESI is regularly used in the legal community and is an acronym for Electronically Stored Information – not simply electronically searchable information. The distinction is an important one.
Most legal processes were modelled around paper files – hence the term “discovery.” In 2006 the US judiciary finally addressed burgeoning electronic information discovery, or eDiscovery, by amending the Federal Rules of Civil Procedure (FRCP) to include electronic information. It should be noted that UK courts incorporated rules to handle electronic discovery some years earlier, but the legal community universally regards ESI as “anything stored via electronic means.”
An important distinction about ESI is that nobody, anywhere, has more granular descriptions on what it is, how it’s stored, etc. In fact, laws and acts and statutes that refer to ESI talk about “preserving” such data and leave the means of preservation up to the holders, i.e. the IT organization.
Rich is the Product Marketing Manager, Information Management. He's been with Barracuda since the acquisition of C2C Systems in 2014. Rich specializes in cloud-deployed solutions, information management, and archiving systems. His experience includes extensive work on OEM opportunities and the legal community.
You can email Rich at firstname.lastname@example.org.