Twitter usage is exploding, and some companies have included tweets in their e-Discovery policies and processes. But a lot of other companies – maybe yours? – haven't done so because Twitter posts are so, well, "different," aren't they? Not in the eyes of the law, they're not, and your exposure is growing as fast as your company's Twitter usage.
A recent blog entry from Gartner e-Discovery expert Debra Logan gets to the heart of the matter:
"Twitter posts are like any other electronically stored information," explained Douglas E. Winter, a partner at Bryan Cave in Washington, D.C., and head of the firm’s Electronic Discovery unit. "They are discoverable and should therefore be approached with all appropriate caution." Winter said tweets could pose a myriad of legal problems, from the unauthorized posting of copyrighted material to the disclosure of trade secrets or confidential information to explicitly actionable behavior like libel.
So, Logan advises, "you do need a Twitter policy, but that policy mostly consists of common sense." But after passing along that counsel, the Gartner expert quoting the law-firm expert then hedges a bit:
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Source: informationweek.com
By: Bob Evans
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