Expensive E-Discovery (EDD) for an Enterprise
IT network backup can store many e-mails that are relevant and discoverable in a lawsuit. But to search for e-mail by way of network backup is very inefficient.
Sometimes, courts do order organizations to go into backup to retrieve computer records - to the vexation of the IT department. The risk that such an order might someday come is one reason for an enterprise to keep plentiful e-mail archives in a system specifically designed for storage and search of large volumes of records.
This risk applies to lawsuits both in the US and elsewhere. A case in point is the Australian decision BT (Australasia) v State of New South Wales & Telstra, [1998] FCA 363 (9 April 1998).
In a commercial dispute between telecommunications carriers, the plaintiff demanded e-mail records from defendant Telstra. Telstra’s records of many of these e-mails were available only in network backup. The court ordered Telstra to search backup tapes, at considerable expense, to retrieve certain e-mails.
Telstra did not have to design its e-mail system so that backup was the archive. Had the company, as a matter of routine policy, treated its e-mails as durable assets of the company – preserved in an archival appliance that allows for easy records search and management – it would not have been forced to rummage through backup for e-discovery.
–Benjamin Wright
Mr. Wright is an advisor to Messaging Architects, leader in email record retention, recovery and investigation. See free, recorded webinar.
What is not clear in the article though is, Was the court against 'network backup' while favoring tape backups and if yes, the rationale behind it is not clear.
I can guess the reason however, I would love to hear the court's stand and the background.
My guess is, data under consideration in 'network backup' is easily retrievable yet easily modifiable in place while data under consideration under tape backup is not easily modifiable in place however, it is do-able.
Posted by: TazaGuru | June 01, 2009 at 02:20 AM