How social media should be discovered in today's complex world

Social media needs to be incorporated into the ordinary data retention and ESI collection policy

It used to be that e-discovery could be conducted entirely within a company’s own servers — email archives and file directories provided a complete picture of corporate documentation. That’s no longer realistic in the modern business world. Corporate communications are tempered with, and sometimes even dominated by, social media, text messaging, instant messaging and more, making record keeping much more complex. Businesses must consider, and plan for, the inevitable requirement to collect electronically stored information from disparate data sources.

In particular, data retention policies can no longer ignore social media sites and the potentially relevant information they hold. In case after case, the courts have upheld the need to not only consider, but in fact review and produce, data from sources such as Facebook, Twitter and LinkedIn. The issue is no longer if social media should be collected, but rather how it can be collected.

Contributing Author

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Ashley Smith

Ashley Smith is the vice president of Legal Technologies at Control Risks. Control Risks is an independent, global risk consultancy specializing in helping organizations...

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