Electronic Discovery

Definition: Electronic Discovery is a comparatively new legal concept related to telecommunications, information security and statutes. The phrase refers to the idea that an individual, business or an organization has a responsibility for maintaining its electronic records that are subject to being the object of a subpoena for legal proceedings. Federal laws, specifically, the Federal Rules of Civil Procedure, cover the concept. The nature of the obligations that organizations have is spelled out in the amended provisions of the Act. Other laws may apply, too.

Its Relevance: Most infrastructure owners have yet to consider their legal obligations as it uniquely relates to the preservation of information assets. The data maintained in computer documents far exceeds the beginning, middle and end of a page. The concept makes nearly all information subject to subpoena by multiple jurisdictions. Provisions need to be in place within an organization’s information security policies that match the requirements of law.

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