Tuesday, August 18, 2009

'Vanish' Encryption Raises Serious E-Discovery Concerns

Last week I spoke to Adam Landa, a Greenberg Traurig shareholder who co-chairs the law firm's e-retention and e-discovery practice group about the Vanish encryption technology that, in essence, allows electronic documents to "self destruct" after a period of time.

First, he spoke about how such technology could impact a company's data retention obligations and perhaps open the company to liabilities if it cannot retain certain documents. Then Landa spoke specifically to the implications Vanish might have on e-discovery requirements for companies that are involved in litigation.

"It almost seemed like the Vanish team got so excited at the idea that they could get around all the technical barriers, that they didn't understand all the legal implications," he told me.

For instance, those implementing Vanish might subject themselves to adverse inferences or presumptions that they destroyed evidence in the event of litigation. Landa explained:

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Source: itbusinessedge.com
By: Lora Bentley

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