Report: Two-thirds of businesses see social media as risky for eDiscovery

Contributed by Roumiana Deltcheva (Mercredi, 25 août 2010) | Category : eDiscovery

In a recent article for the Daily Journal of Commerce Oregon, writer Hafez Daraee explained that many businesses today are becoming more skeptical of social media in terms of eDiscovery.

Today, many businesses lack information management policies that encompass electronic information shared on social media websites such as Facebook and Twitter. If a company is taken to court and is unable to produce this electronic communication, sanctions could be issued.

To support his argument about the dangers of social media with eDiscovery, Daraee points to a recent survey that found nearly two-thirds of responding companies are worried about such eDiscovery risks. Furthermore, 25 percent of respondents stated they were not prepared to address any discovery requests involving electronic information, while 33 percent say they are partially prepared. Only 9 percent of respondents felt fully prepared for such requests.

Further troubling is the lack of company executives that understand how to effectively manage electronic information. Fifty-five percent of survey respondents stated their senior executives were capable and knowledgeable about such management, however, the junior executives and mid-level managers at these same companies showed a "substantial lack of understanding."

With more social media having more users than ever currently, addressing internal policies and workers' knowledge about this area is becoming incredibly important lest companies receive sanctions. A recent report from Gibson Dunn found 13.5 percent of all cases involving eDiscovery during the first half of 2010 resulted in sanctions.