ArticleField.comInternet's Fastest Growing Free Content Article Directory

Though metadata has been in existence for a long time, its significance in eDiscovery was realized only very recently. Metadata is something that is hard to disguise, and thus each small detail pertaining to the creation and editing of every electronic data discovery remains intact in its metadata. What makes metadata so important is that it can change the fate of a lawsuit by revealing what hard copies can not. When the courts realized the importance of metadata and the fact that it may hold the key to an amicable resolution of lawsuits, they decided to set the record straight and make a collective decision regarding the issue of the production of metadata.

The recent ruling of a U.S. court in the case of Aguilar v. Immigration & Customs Enforcement Division of the U.S. Department of Homeland Security has left enterprises and organizations with no other option but to preserve their metadata and produce it when requested by the opposing party. This ruling affects the enterprises and organizations that had not included metadata in their list of discoverable materials, as they must now invest in new tools and software to preserve metadata. However, instead of feeling overwhelmed, corporations are relieved that the courts have dispelled the uncertainty around metadata. Its preservation helps in proving the authenticity of any data beyond any doubt.

Metadata Preservation
When it comes to metadata preservation, there are five types of information regarding digital data that must be protected:
1.    Custodial History
Information regarding ownership change of a particular digital document, image or object.
2.    Proof of Authentication
Details that validate the authenticity of a digital object as proof that it has not been altered in any way, either intentionally or unintentionally.
3.    Preservation Tactics
Details about steps taken to protect the digital object. It should include information as to whether any of the actions taken to preserve the object have affected its look, feel, or functionality.
4.    Technical Requirements
Information about the technical requirements desired for using the digital object in the form it is stored. Technical requirements include details about software, hardware, operating system and so on.
5.    Intellectual Property Rights
Details about intellectual property rights that prevent the digital object from being protected and from being distributed among users.

Metadata Preservation Best Practices
Though metadata is a hot topic in the eDiscovery world, there are many litigators who, due to their inexperience, do not know how to handle metadata efficiently. Let’s examine some of the best practices in metadata preservation:
·         Ensure that the document retention practices implemented include preservation of metadata, as well.
·         Make sure all employees in the workplace aware what metadata will be preserved in order to avoid incidents of spoliation.
·         During the meet and confer session, make sure that the opposing party is aware of your stand on ESI and metadata.
·         If you want metadata for your lawsuit, ensure that the request is made early in the eDiscovery process.
·         When providing metadata as evidence during trials and depositions, be prepared to prove its authenticity.

Metadata is necessary in legal eDiscovery, as it can play a major role in making the whole eDiscovery process transparent and credible. When enterprises and organizations finally get used to the process of collecting, preserving, and retaining metadata, everything will fall into place.

Know more – litigation support software