Extract from Sarena Regazzoni’s article “Don’t Spoliate Your Online Content: Why Ediscovery Professionals Should Care About ISO 28500”
We’ve all been there: something happens that causes your organization to reasonably anticipate litigation, whether it’s the receipt of a preservation letter, a breach of a contract, or even service of a filed complaint. Immediately, a whole chain of actions and events snaps into place. Once your duty to preserve relevant evidence attaches, you start industriously issuing legal hold notices, interviewing custodians, targeting your preservation and collection, and adjusting the scope of your inquiry as issues and types of evidence arise, are investigated, and are deemed worthy or unworthy of further consideration.
Suppose, now, that you become aware of an allegation involving content on your organization’s website or on a social media channel. Are you prepared to preserve and collect that online content without spoliating any part of it? The answer may be more complicated than you realize.