In several past postings on this website, the risk management concerns for organizations regarding e-discovery have for the most part involved e-mails and the context of postings by individuals.  However, in an article written by Alison Frankel and posted on the Thomson Reuters News & Insights website, a new direction for e-discovery litigation proceedings is requiring litigants to provide access to their social media accounts and to preserve their posts in those accounts.

As Ms. Frankel states, “…It’s no giant leap from that kind of ruling to a looming problem for businesses.  As corporations venture into social media to promote their brands and reach out to clients and customers, they have to be prepared to face the same discovery demands.”

Also quoted in the article is the following from the tech consulting firm Gartner : “…by 2013, “half of all companies” will have faced e-discovery demands for material from social media sites.”

This information could be very valuable to your organization’s information security and risk management team members.  It could also be that a “refresh” to your organization’s business impact analysis exercise regarding these e-discovery risk related developments is necessary.

If applicable, please pass this information along to those individuals to help them evaluate if it is necessary to also amend or improve their existing business continuity plans or perhaps even alert their thinking process regarding PS-Prep standard compliance strategies and/or methodologies.

Read Ms. Frankel’s full article.

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