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eDiscovery*
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Acronyms, Abbreviations, and Initialisms
eDiscovery refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case.
Typically, eDiscovery refers to the process of identifying and obtaining electronic evidence for either prosecutorial or litigation purposes.
You do not want to use unique testing techniques because those may not be repeatable or accepted by other experts (or the court).
The Federal Rules of Civil Procedure require a party to litigation to preserve and produce electronically stored information in its possession, custody, or control. This can be very difficult when data is dispersed across many geophysical locations.
The difference between data discovery and eDiscovery is that data discovery is typically used for big data or analytics whereas eDiscovery is used for evidence.
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Types of eDiscovery
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SaaS-based eDiscovery
An eDiscovery software vendor hosts their app on their own network and delivers it to customers via the Internet. Customers use the app for various tasks such as analysis or review (collection, preservation, review).
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Hosted eDiscovery
The customer collects relevant data in response to an eDiscovery matter, processes it, and sends it via the Internet to their hosting provider. The provider stores customer data on their site or in a colocation facility, and runs various levels of eDiscovery on the data.
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Third-Party eDiscovery
The customer may hire a third-party with expertise in performing eDiscovery in the cloud.
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Noteworthy
- ISO/IEC 27050-1:2019 contains definitions for eDiscovery and ESI.