Tuesday, June 5, 2018

Question of the day for June 6, 2018

What is metadata and when, if ever, does a person or company have a legal duty to preserve it?

6 comments:

  1. Metadata is data about or describing other data. Examples include titles, abstracts, or even revision history. People and companies have a legal duty to preserve metadata once they have reason to believe that the metadata in their possession could potentially be relevant to the case at hand.

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  2. Metadata is a set of data that gives information about other data. A person or company might want to preserve data if they know litigation is pending. They'll want the metadata as evidence to help authenticate and give credibility to data they expect to use.

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  3. Metadata for ESI includes things like creation date, last modified date, and potentially the author of the document. For photos, it can even include things like a geotag of where the photo was taken.

    A person or company has a legal duty to preserve metadata if they are or should be aware that the ESI is evidence in litigation or anticipated litigation. Destroying metadata risks sanctions for spoliation.

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  4. As my classmates have outlined above, metadata summarizes basic information about data to make it easier to find and work with particular data. It is used for document files, spreadsheets, videos, photographs, etc. It can also be created manually or by a information processing system.

    I believe people/companies have a legal duty to preserve metadata if litigation is pending or if they know it will be pending and will be an issue/relevant in the case.

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  6. Metadata is data about other data. As with all other potentially relevant and material evidence, it should be preserved in anticipation of litigation.
    Also, sometimes businesses destroy their documents after a certain period of time so it's very important to place persons (especially a non-party) who are in possession, custody or control of potentially relevant documents or data on early notice for the need to discontinue routine document destruction practices which might otherwise permit evidence to be destroyed.

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