When adopting an electronic discovery, a company is taking a big step toward protecting itself from having a long process of digging through boxes of paper and old files to find pertinent records for a case. Providing relevant information to the case can be made much easier when records are stored in a systematic and classified way, according to AIIM. However, according to FierceMobileIT editor Fred Donovan, organizations may be making matters harder than they need to be by adopting a bring your own device policy in concert with eDiscovery.
“In addition to the costs and security issues, BYOD raises legal issues, many of which have yet to be resolved by courts,” he said. “In the case of eDiscovery, having a clear BYOD policy about what data the company can and cannot access on employees’ personal devices is the best first step for a company to prepare itself for legal or regulatory action.”
Binary Office can offer organizations software that will help them save the expense of having their own in-house tool for this. This means quickness, accuracy and efficiency can be added to the process instead of having to take painstaking steps toward manual eDiscovery.
Donovan cites an article on Inside Counsel by Elle Pyle and Jessica Smith, attorneys with the law firm of McDermott Will & Emery, who said that corporate information on these employee owned devices is within control of eDiscovery. They said the mix of this information means a new set of headaches for IT and employees. To clear up problems here before they come up, organizations may want to make the BYOD policy clear to employees that this may be an issue that pops up in the future.
“Counsel needs to carefully consider their litigation response in jurisdictions with strong data privacy regulations,” the duo wrote on Inside Counsel. “They should ensure that internal counsel and external counsel are sufficiently aware of the potential existence of unique data on BYOD devices when preserving and collecting data.”