Access and Feeds

Social Media and eDiscovery: A Risk Many Companies Don't Know How to Deal With

By Dick Weisinger

When asked about Social Media, two-thirds of companies said that they’re worried about how to include social media content into their eDiscovery strategy.   Content from sites like Facebook , YouTube , Twitter and other social media typically fall outside the realm of corporate IT data management, and when it comes time for eDiscovery, this information is not available.  And the problem is only made worse by the fact that social media content is often transient and is frequently updated.

Only 25 percent of companies feel that their prepared enough to be able to include social media content as part of their eDiscovery efforts.  And only 9 percent feel that they’d be able to include data stored in the cloud based applications that they use.  These numbers are the results of a survey taken by the Deloitte Forensic Center.

That study also examined commitment and backing of eDiscovery efforts from c-level executives in companies and found that:

  • 55 percent of executives have some understanding of the importance of eDiscovery.
  • 16 percent of executives have no knowledge of eDiscovery.
  • At 25 percent of companies, it wasn’t possible to determine the level of commitedness of executives towards eDiscovery.

Usually getting the appropriate infrastructure in place to properly be able to perform eDiscovery requires some commitment from c-level officers.

Not responding appropriately to an eDiscovery request, or not responding in a timely way,  can result in penalties and large fines.   But because of increasing volumes of content, and because of the many different possible sources of corporate data, like emails, social media, IM and voice mail, the task of doing eDiscovery is a complicated one.

Part of the problem is that organizations aren’t prepared for dealing with eDiscovery.  About a third of companies don’t have a team in place to be able to respond to eDiscovery, a team that typically requires input from legal, IT, human resources and other departments.

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