Andrew Pike monitors the risks associated with e-discovery
E-discovery. Sounds as though it could be something to do with food additives but in practice it’s a subject which is currently attracting a lot of attention in business circles. E-discovery (short for electronic discovery) essentially refers to the process of recovering e-mail, SMS and other electronic forms of information when it is required for litigation or other commercial purposes.
New risk
More and more employees now have a smart phone or even a tablet computer supplied by their employer which allows flexible working like never before. New technology, of course, brings with it new risks and smartphones and other similar devices are no exception. Businesses are increasingly required to preserve and collect data from an employee’s mobile device for litigation or as part of an investigation.
The dangers of electronic technology first came to the fore in the UK in 1997 when certain employees of Norwich Union falsely suggested in e-mail correspondence that Western Provident Association was insolvent. This resulted in a High Court apology and damages of £450,000 being awarded against Norwich Union.
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