What’s the Frequency Kenneth? eDiscovery could cover audio files

remJust when you thought you were starting to get a good handle on all things eDiscovery, it’s time to throw another curveball your way. Though requests for electronically stored information will most often be made for data in documents and digital files, there is a chance that the proceeding could involve audio files.

Though it might seem crazy, impossible and even scary, requests for audio files during an eDiscovery proceeding can actually be quite smooth, so long as the firm is adequately prepared through tight information governance policies and management solutions.

Not just rocking out at work

Mayer Brown recently suggested several tips for better managing audio data, stating that the various sources of such files will be the place to start. According to the firm, voicemails, squak boxes and recorded telephone lines are among the most common sources of audio data, and as such should all be governed by policies and management tools.

Anticipation and preparedness are always the most crucial components of eDiscovery, as firms that get caught off guard by a request for any type of data, including information in audio formats, will be less likely to have leverage when the trial begins.

This same tenet rings true when preparing for audio requests, and this has become more important since there are a wider variety of devices that can be used to record conversations, the firm noted.

Consider a recent report from a manufacturing firm that revealed Voice over Internet Protocol, more commonly referred to as VoIP, have a glitch which allows individuals to hack into the system and eavesdrop on conversations near the device. Not to pique your paranoia too much, but it is true, and VoIP systems have become common in the enterprise because of the cost-savings they yield.

Mayer Brown added that putting limitations on the types of conversations that can be made over certain audible platforms can reduce the risk of an eDiscovery request gone wrong

Be paranoid!

So, I lied. In today’s heavily tech-driven enterprise landscape, one that is filled with risks that are seemingly out of a science fiction film from the 1980s, it’s important to maintain some sense of paranoia when approaching information governance and eDiscovery readiness. Remember, it’s always better to be laughed at for taking too comprehensive of an approach than losing the big trial or being served with a court order.

Sources:

http://www.mondaq.com/unitedstates/x/242836/disclosure+electronic+discovery+privilege/EDiscovery+Of+Audio+Data+What+Is+Considered+Reasonable+Electronic+Discovery+Records+Management+Tip+Of+The+Month+May+2013

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