Fostering Friendships - Enhancing Social Bonds in the Classroom
Digital documents & e-discovery
1. Digital law and governance
e-discovery
Jacques
Folon
www.folon.com
Partner
Edge
Consulting
Maître
de
conférences
Université
de
Liège
Chargé
de
cours
ICHEC
Brussels
Management
School
Professeur
invité
Université
de
Lorraine
(Metz)
ESC
Rennes
http://www.nyls.edu/institute_for_information_law_and_policy/conferences/visualizing_law_in_the_digital_age/
7. Which information ?
• Electronically stored information (ESI)
• Scannes documents
• Fax
• Texts, excel sheets, powerpoint (word, pages,
including old versions of the software versions)
• Emails in & out
• Databases, websites, blogs,…
• Hard disks (central, local, pc, external, USB
sticks, …)
• CRM, CMS
• GSM et PDA
• Time sheet
• Acounting
• Intant messaging
• Voice mail
• GPS navigation systems
• Metadata
• social networks (internbal & external)
• … 8
8. 9
Increase of data from 2010 ->2014 = + 650% (Gartner)
85% of the data are not structured
80% of data search gave no result
13. Electronic records management
Question: Is ERM
• The electronic management of paper
records?
• The management of electronic records?
Answer: Both
Source: What is ERM www.aiim.org/training
14. Content types and how well managed
For each type of content, evaluate the degree of control that exists in your
organization in managing it.
All respondents (462)
Source: What is ERM www.aiim.org/training
36. Definition & context
• E-dicovery is a process to search, localise,
secure, identify a data in order to have it
as an evidence before the court
• Necessity to have a quick result
• the right data at the right time
• translation sometimes necessary
Source www.systran.fr 37
41. 4/ collection
Collection is the acquisition of potentially relevant electronically stored information
(ESI) as defined in the identification phase of the electronic discovery process. The
exigencies of litigation, governmental inquiries, and internal investigations generally
require that ESI and its associated metadata should be collected in a manner that is
legally defensible, proportionate, efficient, auditable, and targeted.
42
47. GSA IT Quarterly Forum --
Aug 2007
48
4/ The Sedona Principles:
Best Practices Recommendations & Principles for Addressing Electronic Document
Production
(Second edition, June 2007)
The Sedona Guidelines:
Best Practices Guidelines & Commentary for Managing Information and Records in the
Electronic Age
(Sept. 2005)
48. 49
The Sedona Guidelines
– Second work product of working group
– Draft published in September 2004 for public comment; published
in September 2005.
– They are:
• Important background and roadmap of issues
• Link between RIM, IT and Legal Perspectives
• Flexible, Scalable and Reasonable
– They are not:
• Standards or minimum requirements
• Unchangeable
49. 50
The Sedona Guidelines
• 1. An organization should have reasonable policies and
procedures for managing its information and records.
50. The Sedona Guidelines
• 2. An organization’s information and records management
policies and procedures should be realistic, practical and
tailored to the circumstances of the organization.
51
51. 52
The Sedona Guidelines
• 3. An organization need not retain all electronic
information ever generated or received.
52. The Sedona Guidelines
• 4. An organization adopting an information and records
management policy should consider including procedures
that address the creation, identification, retention, retrieval
and ultimate disposition or destruction of information and
records.
53
53. The Sedona Guidelines
• 5. An organization’s policies and procedures must mandate
the suspension of ordinary destruction practices and
procedures as necessary to comply with preservation
obligations related to actual or reasonably anticipated
litigation, governmental investigation or audit.
54