What Is Discovery Storage in the eDiscovery Process?

Discovery storage is the framework for managing and preserving electronic data potentially relevant to legal or investigative matters. This process is a component of electronic discovery, or eDiscovery, where information sought is in an electronic format. In a world where digital information is constantly generated, the systems used to hold this data have become fundamental to the legal process.

The Importance of Discovery Storage in Legal Matters

The primary function of discovery storage in legal proceedings is to ensure the preservation of evidence. When a lawsuit or investigation is anticipated, parties have an obligation to retain relevant electronically stored information (ESI). This is formalized through a “legal hold,” a directive to prevent the modification or deletion of data that may be pertinent to the case. Proper storage is the mechanism that underpins the effectiveness of a legal hold, safeguarding the integrity of potential evidence.

Failure to adequately store and preserve discoverable data can lead to severe consequences. Courts can impose sanctions on a party that fails to produce relevant information, which may include financial penalties or an “adverse inference” instruction to the jury. In some instances, the systematic failure to preserve evidence can even result in the dismissal of a case.

The process supports the foundational legal principle of discovery, which allows each party to obtain evidence from the other. By creating a reliable repository for electronic evidence, discovery storage enables legal teams to access, review, and exchange information efficiently. This structured approach ensures that both sides of a dispute have access to the same set of information, allowing them to build their arguments on a level playing field.

Common Types of Electronically Stored Information

Electronically Stored Information, or ESI, encompasses a vast and diverse range of digital materials. The most commonly considered forms are emails and their attachments, along with standard office documents like word processing files, spreadsheets, and presentations. The scope of what is discoverable extends much further.

The definition of ESI also includes more complex data structures and multimedia content. This can range from information housed in large databases to posts and direct messages on social media platforms. Audio files, such as voicemails, and video recordings are also subject to discovery. The data stored on mobile devices, including text messages, call logs, and information from various applications, is another category organizations must be prepared to preserve.

Data stored in the cloud is also discoverable, adding another layer to the collection process. As businesses increasingly rely on cloud-based services, information created and stored on these platforms becomes subject to legal holds. This includes not just files but also metadata, which is the data that provides information about other data, such as the date a document was created or modified.

Fundamental Practices for Handling Discovery Data

The management of discovery data begins with identifying potentially relevant ESI across an organization’s systems. Once identified, the primary directive is preservation, which means protecting the data from being changed or deleted. This is typically achieved by implementing a legal hold on the identified information.

Following preservation, the next practice is the collection of the ESI. This involves gathering the identified data in a manner that maintains its integrity, often using forensically sound methods to create an exact copy. Throughout this process, a “chain of custody” must be documented. This record tracks the handling of the data from its original location to its final storage, ensuring its authenticity can be verified in court.

Once collected, the data often undergoes initial processing to prepare it for review. This can involve tasks such as de-duplication, which removes identical copies of a file, and indexing the data to make it searchable. These preparatory steps streamline the subsequent phases of the eDiscovery process, making it easier for legal teams to analyze the information.

Discovery Storage Technologies and Data Protection

Organizations can choose from several technological solutions for storing discovery data. On-premise solutions involve using a company’s own servers and dedicated hardware, offering a high degree of control over the data. In contrast, cloud-based storage solutions have become increasingly popular due to their scalability and accessibility, allowing legal teams to access data from various locations. A hybrid approach, combining both on-premise and cloud storage, is also a common strategy.

Regardless of the chosen technology, protecting the often sensitive stored data is a priority, requiring robust security measures. The information held in discovery storage may contain proprietary business information or personal data. Encryption is a security practice applied both to data “at rest” in storage and data “in transit” when it is being moved.

Effective data protection also involves strict access controls and authentication protocols to ensure that only authorized individuals can view or handle the data. Detailed audit trails and logs are maintained to track all interactions with the stored information. Clear data retention and disposition policies are established to dictate how long the data must be kept and the procedures for its secure disposal once the legal matter is concluded.