E-Discovery (Electronic Discovery) is the process involving the identification, collection, preservation, and presentation of relevant digital information in judicial, arbitral, or administrative disputes. These data, referred to as Electronically Stored Information (ESI), can take various formats such as texts, spreadsheets, images, audios, videos, emails, databases, social networks, applications, and corporate systems.
E-Discovery vs Computer Forensics
While sharing similar objectives, E-Discovery and Computer Forensics are not equivalent.
E-Discovery primarily deals with clearly visible and accessible information and metadata. Computer Forensics, on the other hand, employs specialized techniques to locate and interpret hidden, fragmented, or difficult-to-access data, requiring advanced technical knowledge.
Thus, E-Discovery focuses on organizing information for review and presentation, while Computer Forensics delves deeper into analysis for fact reconstruction and identification of technical evidence.
Tools and Procedures
In any process, the reliability of evidence depends on rigorous procedures. E-Discovery involves fundamental steps:
- Preservation: ensuring that information is not altered or lost.
- Collection: identifying and gathering relevant data in various digital formats.
- Filtering: removing redundancies and discarding irrelevant information.
- Organization: structuring the collected material to facilitate analysis and storage.
- Review and Presentation: making information available in a clear, structured, and legally admissible manner.
Compliance and Admissibility
For evidence obtained through E-Discovery to be valid, it is essential to follow legal standards and international best practices. Failure to comply with these protocols could lead to evidence inadmissibility, non-compliance with court orders, or even allegations of procedural fraud.
(image: Depositphotos.com/Jirsak)