Does your organization utilize Office 365 for email? Is your organization required to journal email for compliance, legal, or business requirements? Do your Attorneys complain about the time it takes to find information for an eDiscovery request? If the answer is yes to any of these questions, then keep reading. Continue reading
As more companies move their data to the cloud, the question of data sovereignty is becoming a hotter topic. Data sovereignty is the requirement that digital data is subject to the laws of the country in which it is collected or processed. Many countries have requirements that data collected in a particular country must stay in that country. They argue that it’s in the Government’s interest to protect their citizen’s personal information against any misuse. Continue reading
At the end of June, California’s legislature passed a new privacy law that in effect implements the strongest privacy controls of any state in the U.S. The new law provides a series of new rights to California’s consumers over how their personal data is collected, used, and sold. The new law will come into effect on January 1, 2020, however, on January 1, 2020, California citizens will be able to request all data about them going back 12 months, or January 1, 2019. This means companies will need to ensure they are properly collecting and classifying California resident data starting January 1, 2019. Continue reading
According to IDC, healthcare data is one of the fastest growing segments of the digital universe – growing from 153 exabytes in 2013 to an estimated 2,314 exabytes in 2020, a 48% annual growth rate. So where will the healthcare industry put all of this critical and sensitive data and how long must it be held?
In my frequent discussions with customers about the benefits of cloud archiving for regulatory, legal, and business reasons, I still find a large percentage that still don’t worry about archiving corporate social media content. Continue reading
Many legal professionals aren’t aware that there is more to defensibly migrating an email archive in response to eDiscovery than simply copying the journaled email store. In a previous blog titled “What I Don’t Know Can Hurt Me; Beware of Indexers Disguised as Archive Migration Tools”, I talked about the eDiscovery issues you can run into when you migrate the email store without reconciling it with the email archive SQL database, i.e. you lose all associated email metadata showing folder structure, read/unread, follow-up reminders, sender and all recipients (including CC and BCC).
There is another issue that responders to an eDiscovery request must be aware of; there can be two potential sources of archived email content in an email archive; the journaled mailbox archive and the individual custodian archived mailboxes. Migrating only the archived journal mailbox versus the individual mailbox archives can put you at legal risk.
Journal mailbox archiving captures each individual message as it flows through the email server and stores it in a “journal mailbox,” which is a big bucket of all emails sent and received from all mailboxes (figure 1). The main benefit of journaling email is that it captures and protects every email sent and received. In the past, journaling was used to ensure compliance with the SEC requirement that all emails, for brokers and traders, be captured and secured for later review. Journaling also ensures that the original email message is captured in an unaltered (original) state. The down side of journaling is that it creates a “flat” archive with none of the metadata generated from within an individual’s mailbox once it has been received (or sent). This means that mailbox folder structure, forwarding, movements from mailbox folder to folder, and the fact that the email was opened, etc., are not captured when journaling email.
Direct mailbox archiving works differently from journaling in that the archive server will access each individual mailbox and archive anything new in that mailbox including new messages, drafts, email movements from folder to folder, etc. The benefit of direct mailbox archiving is that it captures additional content and metadata that could be important during litigation (figure 2). The downside is that this form of mailbox archiving can take much longer to complete.
To get the best of both worlds, many organizations will enable both types of email archive collection to ensure the capture of all messages in an unaltered state via journaling while also performing a direct mailbox archive once a day to capture the additional content and metadata.
The issue arises when the company or company’s vendor, in response to an eDiscovery request, chooses to migrate only the journaled email archive while certifying to the opposing counsel and court that ALL responsive data was migrated and reviewed (figure 3 – left side). Keep in mind, in legal discovery it is the duty of the responding party to search for, and turn over, all relevant data to opposing counsel. This includes all existing metadata that could be relevant to the case.
This incomplete production of data could trigger charges of incomplete discovery response or spoliation (destruction of evidence) if the archived metadata is lost or corrupted after the original data production.
Organizations migrating email from an archive, in response to an eDiscovery order, should ensure their migration vendor can defensibly migrate and reconcile both the journal and direct mailbox archives (figure 3 – right side).
Archive360 has experience in migrating email archives in response to eDiscovery requests. We defensibly migrate email so charges of incomplete eDiscovery or spoliation do not occur.