What is Data Security for eDiscovery?
Network hacks, data thefts, and other cyber threats have become quite prominent in the past few years. Companies of all sizes have finally started to take the issue of data security seriously. However, many companies still don’t prioritize data security when it has to exit their custody. One of these situations where you are required to transfer data outside of your domain is the eDiscovery process. You might have to do this when your organization is involved in internal investigations, regulatory matters, and litigation.
Every organization handles some form of sensitive data. It can be employees’ social security numbers, trade secrets, medical records, or any other form of information that could lead to disasters if it falls into the wrong hands. You might be handling the security of these records well within the organization, but what should happen when this data is transferred to an outsider?
Now that data and compliance breaches have become more common, the risk has increased as well, especially if you have to send files for legal review to a third-party provider.
During the compliance eDiscovery process, all of your data pertaining to the case, such as financial reports and emails, will be collected from your organization’s computer systems and sent to eDiscovery vendors, consultants, law firms, or regulatory authorities. Once this data is processed, cataloged, and reviewed, it might be produced to the government, third parties, or others. During this transfer, there is a potential for vulnerabilities.
Moreover, depending on the workflows of the law firm and the government, this data might be transferred multiple times to different parties. This increases the risk of data theft and the number of organizations that must be vetted. You must ensure that they have acceptable eDiscovery security practices and policies. It is recommended to have a thorough vetting process that considers data center security certifications, physical security, disaster recovery, penetration testing, and more.
eDiscovery Security Must-Haves
With the increased concern over data security, you have to deal with increased pressure to demonstrate your commitment to controls and eDiscovery security. This can include certifications, technologies, and more. However, there are certain must-have considerations for eDiscovery security:
Common Mistakes While Managing Security for eDiscovery
Managing data security for eDiscovery processes comes with challenges of its own. It’s a complex process, and if you are not diligent, you might end up making mistakes along the way. To avoid this, take a look at what these common mistakes are and how you can avoid them:
eDiscovery and Compliance
Countries have their own regulatory obligations for retaining data. Any data subject to these requirements must be handled with care, especially the ones subject to compliance eDiscovery. If you fail to follow the laws, you might end up facing fines and penalties. Moreover, failure to adhere to compliance requirements can lead to government information requests, which can quickly transform into fines, expensive legal battles, and even jail time.
In the United States, different industries have different regulations and depending on the industry you are in, it is imperative that you meet these requirements:
Different nations have their own sets of regulations. The most common example of this is the EU Data Protection Directive for data privacy in the European Union. The United Kingdom has similar regulators for its financial institutions. Such organizations have critical compliance obligations that must be adhered to.
How to Ensure Compliance With eDiscovery Requirements
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Figure out the compliance eDiscovery requirements applicable to your business. Depending on the industry you work in, you might have different compliance and eDiscovery requirements.
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Go through each rule thoroughly multiple times.
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Determine if the rules are applicable to specific use cases of your businesses. If they are, you must either comply with it or change your practice to avoid adhering to the rule.
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Create processes and employ tools to ensure that you can comply with all the applicable rules.
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Document the policy that formalizes this approach.
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Train your employees to comply with the laws and provide them with the necessary software or technical support.
Conclusion
About a decade ago, eDiscovery was conducted manually. Fortunately, there are tools available online that can provide you with automated compliance discovery solutions. Some of these solutions like Casepoint use Artificial Intelligence (AI) to help with data collection and review stages. Make sure that the compliance discovery solutions integrate with your system and are easy to use. If you are opting for cloud-based compliance discovery solutions, they should have the right security controls. The solution provider should have experience with eDiscovery and digital analysis so that they know the security controls that must be put in place to preserve your data.