Why data collection is most critical part in all e-Discovery phases (EDRM) ?

Why data collection is most critical part in all e-Discovery phases (EDRM) ?

Why data collection is most critical part in all e-Discovery phases (EDRM) ?

Data Collection is most important and critical part of all the e-Discovery phases because collection involves direct interaction with live or archival data. Usually, all relevant data searched in various sources like live servers, Backups, workstation hard disk, file servers, mobile, windows file system and other sources.

Data collection is a multifaceted job in all e-discovery processes. Solid technical resources and expertise are required to collect the exact and correct data.

Who are the part of Collection Team? 

e-Discovery specialist, paralegals, legal assistance, data processor, IT consultant, IT experts, or Vendor are part of data collection team and before starting the collection part, lots of planning is required.

Planning for collection

  1. What all Softwares, collection team will use to collect the data from various sources?
  2. Naming conversation of cases, evidences and data. (Could matter if you anticipate a larger number of cases, or different types or classifications of cases, for different departments).
  3. Standard procedures of retention policies .
  4. Standard KOP or SOP for all platform like: Lotus, Email, Voice, IM, etc. (Could matter if you anticipate a larger number of cases, or different types or classifications of cases, for different departments).
  5. Standard procedures for communicating when collection part is on hold regarding classifications of cases, for different departments/ vendors.
  6. Standard procedure for retaining and closing data collection phase.

Below are some points to keep in mind during collection of data.

  • Don't over and under collect:

We all know that it's easy to identify a relevant data and copy of the entire data image. But the person who is collecting data from sources should keep in mind that neither much or less data should be collected. More data collected means more data reviewed and processed. And more money and time spent on all e-Discovery phases. Less data collected means failed or lack of evidence collected. It is recommended to develop strong collection processes and target your collections so that you are only collecting relevant data.

  • Tier your collected data:

It is recommended that the data should be collected in phases or tiers, otherwise you will have to repeat all collection part. In Tiered collection, always prioritize data, most highly relevant data are collected immediately and less relevant data collected when needed.

  • Create centralized path:

In collection phase you may have many lawsuit that revolve around the same or similar issues, and people. Rather than creating multiple data copies of the same collected data , create a centralized path and develop a strong process for the same.

Authored by Ram Sharma

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