Collecting Data for E-Discovery
How is data collected for ediscovery? Every case is different and it can vary but there are some basic guidelines to how the data is collected. If you want to achieve an efficient and accurate data collection, you should try to follow the steps below.
- Develop your data collection plan.
- Identify key contacts that can assist you when needed.
- List all the custodians and the location of their data.
- Identify the different sources of data and where they can be found.
- Decide who will execute the collection of data.
If the company has practiced good methods of data storage and back-up filing, it will make the process of data collection for ediscovery much easier. If they have not, the process may be a bit more difficult but it can still be done.
If someone in the company was trying to hide or delete files, this can also be discovered through the right methods. To collect the data, you will need to understand the different data types and how to get to them.
They are:
- Active data
- Archival
- Forensic
The active data is the easiest to get to and it not as costly or time consuming. These files and documents are active in the computer or other media device and are not hard to find and retrieve. Archival data requires some restoration to get to and can be a bit costly depending on the device and the amount of data, etc. These files may have more complex file structures and be more difficult t restore than the active files. However, it can be done.
Lastly, are the forensic files and they are the hardest and most costly to recover. These include documents that have been hidden, erased, etc and require special tools to recover them for ediscovery. However, these also can be recovered in over 90% of the cases.
