Page 8 - TIPJar Summer 2017
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While not yet addressed   what metadata is, how   level, metadata may   Q: Where is metadata
               by California law or    to control the creation   be such information   found?
               mentioned in City of San   and maintenance of   as original file name,
               Jose, Washington is also   metadata and how to   modified date, accessed   A: This is a bit of a loaded
               one of the few states   respond to requests for   date, created date,   question.  If metadata is
               in the nation with case   it.                   file size, file extension   embedded within a file,
               law establishing that                           and original file path.    it can be extracted with
               metadata is a disclosable   To explain metadata   Additional metadata   processing.  However,
               public record.  In O’Neill   within the context of an   may exist based on the   if you are seeking
               v. City of Shoreline (2010)   employee or employer   specific application and   metadata at a file
               240 P.3d 1149, the      search of personal      version of the software   system level, metadata
               Washington Supreme      electronic devices or   used.  For example,     is extracted differently
               Court found that        accounts, we consulted   for Microsoft Word,    based on the operating
               metadata associated     Digital Mountain, a     there may be metadata   system.  For example,
               with an email was       leading global provider   for comments, date    if you are seeking a
               subject to disclosure   of electronic discovery,   created, primary author,   creation date within a
               after a public records   computer forensics,    last saved by, revision   file, that would tell you
               act request was made in   cyber security and next-  number, source, last   when a document was
               order to determine its   generation Web-based   saved date, last print   created versus if you
               original sender.  In that   solutions.  In response   date, pages, words,   obtain the creation date
               case, the city’s failure to   to our questions, Digital   characters (without   at a file system level, the
               respond to the court’s   Mountain’s founder     spaces), characters     creation date is typically
               satisfaction proved     and CEO, Julie Lewis,   (with spaces), lines,   when the file was first
               costly.  After deciding   provided the following   paragraphs, total editing   placed on a hard drive.
               against the city, the   information.            minutes and company.
               Court ordered the city                          If you are dealing with   For email, metadata is
               to pay over $500,000 in   Q: What is metadata   picture files, there    embedded within the
               fees to the plaintiff.     and what types of    is something called     email message.  For
                                       information does it     exchangeable image file   security logs in the cyber
               As California law       provide?                format (EXIF) metadata   security realm, the data
               continues to evolve, it                         which has the source    is typically in a database.
               is foreseeable that the   A: Metadata is simply   camera make and model,   For a wearable device
               Public Records Act may   data about data.  For   date, time, geolocation   (like a Fitbit or smart
               be interpreted to include   email, metadata may   if recorded and a lot of   watch), it could be on
               metadata associated     be information such as   metadata that may be   the device or stored
               with personal electronic   sender, mail size, subject,   noise (irrelevant data).    centrally in a database in
               devices or accounts     sent date, sent time,   As you can see, with any   the cloud.
               used by officers and    received date, received   request for metadata it’s
               employees of public     time, to, cc, bcc, message   important that metadata   If you compare metadata
               agencies.  Consequently,   ID, mail internet    being sought is properly   to a human being, there
               it is in the best interest   headers, sensitivity   defined or there can   may be data stored
               of public agencies to   and importance.  For    be a lot of extraneous   about you externally
               better understand       files at a file system   information.           (e.g., Social Security



















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