Extract from Helen Geib’s article “Mobile Device Discovery Legal Considerations”
In QDiscovery’s recent webinar for ACEDS “Mobile Discovery IRL (In Real Life),” my colleague Yaniv Schiff and I reviewed the lifecycle of mobile discovery in forensic investigations and corporate eDiscovery matters. The intersection of practical and legal considerations in preserving and collecting mobile device data is an important part of every mobile discovery project. This post covers three mobile device discovery legal considerations that are significant recurring issues.
Mobile Device Discovery Legal Considerations #1: Preservation collection is recommended
The first issue is the best way to preserve mobile data. Litigation holds are effective for most data sources; however, mobile data is an exception to this general rule. A preservation collection is recommended for mobile devices because they have a high risk of inadvertent spoliation.
