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Archive for the ‘United Kingdom’ Category

On a New British Standard for Storing Data to be Used as Evidence

Posted by rjbiii on December 25, 2008

The Register reports that the national standards body of the U.K., the BSI Group, has formulated a new standard for storing data properly for “maximizing” the weight of data presented in court. The standard deals with the manner in which evidence is stored.
From the article:

By complying with BS 10008, “it is anticipated that the evidential weight of electronic information transferred to and/or managed by a corporate body will be maximised,” said national standards body BSI British Standards.

The Standard is called Evidential weight and legal admissibility of electronic information – Specification. It sets out the requirements for the implementation and operation of electronic information management systems, including the storage and transfer of information, and addresses issues relating to authenticity and integrity of information.

Legal admissibility concerns whether or not a piece of evidence would be accepted by a court of law. To ensure admissibility, information must be managed by a secure system throughout its lifetime, which can be for many years. Where doubt can be placed on the information, the evidential weight may be reduced, potentially harming the legal case.

From the BSI Group’s description:

What does the standard include?

* The management of electronic information over long periods, including through technology changes, where information integrity is vital
* How to manage the various risks associated with electronic information
* How to demonstrate the authenticity of electronic information
* The management of quality issues related to document scanning processes
* The provision of a full life history of an electronic object throughout its life
* Electronic transfer of information from one computer system to another
* Covers policies, security issues, procedures, technology requirements and auditability of electronic document management systems (EDMS).

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Posted in Best Practices, Data Management, Data Retention Practices, International Issues, United Kingdom | Tagged: | Leave a Comment »

UK Article ponders “How to Survive” Electronic Discovery

Posted by rjbiii on September 10, 2007

Computer Weekly discusses the challenges associated with electronic discovery, and comes up with a list of issues that is familiar to us in this area. George Socha is quoted:

“It’s becoming a normal course of e-discovery to engage in extraordinary action,” said George J. Socha, founder of Socha Consulting LLC, an e-discovery consulting service. “Companies are forced to search each and every device where data could possibly be stored …This has the potential to massively disrupt business and, in some cases, bankrupt companies,” he said.

Socha’s latest report on the market estimates that US revenue from e-discovery tools and services was about $2 billion in 2006, up 51% from 2005. He anticipates the market will grow at approximately 33% from 2006 to 2007, 28% from 2007 to 2008 and 23% from 2008 to 2009. If these growth estimates are realized, the e-discovery market in the U.S. will exceed $4 billion by 2009.

The key for companies and their attorneys is to be prepared before the dispute ever occurs. Many discover this too late, to their own detriment. Click on the “sanctions” category to discover just how sorry disputants can end up being.

Posted in Articles, Data Management, Discovery, George Socha, United Kingdom | Leave a Comment »