Ever since December 2006, when the US government introduced amendments to the Federal Rules of Civil Procedure (.pdf) for the discovery of electronically stored information, e-discovery has become a major issue for UK information security professionals working in American corporations. Unfortunately, many UK infosec pros don’t realise how important e-discovery is.
The rules stipulated that, when a lawsuit begins, the two parties must meet and agree on which electronic files, including emails and other electronic communications, might be relevant to the case, and then decide on how much information needs to be produced as potential evidence. That put a new burden on companies to manage their information more systematically and store it in a way that it could be effectively searched.
So why should this worry anyone working in the UK? According to Debra Logan, an analyst with research and advisory firm Gartner who specialises in the field of e-discovery, most UK organisations believe e-disclosure is an American phenomenon, and of no concern to them. But they are wrong.
“Some Europeans think it doesn’t matter here,” Logan said, “but the fact is that the rules of disclosure and discovery are no different in any jurisdiction.”
Furthermore, with increased regulations and laws covering factors such as privacy and corporate bribery, there is a growing level of litigation in Europe. According to Fulbright & Jaworski, a law firm that tracks litigation trends in the US and UK, 50% of UK companies faced at least one legal dispute in 2010, compared with 45% the year before.
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Source: searchsecurity.techtarget.co.uk
By: Ron Condon
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