Page 9 - TIPJar Summer 2017

number, birth date, home forensic preservation depends on the type of to have written policies
address). There may that ensures no device that is subject to upfront that address
also be metadata that is data is altered along discovery. For desktops how business documents
part of your system that with proper chain of or laptops, a forensic or communication
consists of blood type, custody procedures preservation would on personal devices
DNA, blood pressure and processing need to take place, so or cloud accounts
or cholesterol level. documentation. metadata is not altered. may be treated for
Documents follow a very Many employers and In the processing phase, investigations, Public
similar pattern, where employees are tempted relevant metadata is Record Act requests,
there may be metadata to cut corners and do extracted so it can be litigation or other
stored externally and such things as forward displayed alongside the purposes. 
embedded. Rather than relevant emails to their actual document view.
getting caught up with attorneys. However, For devices such as Darren C. Kameya is a
the word “metadata,” it’s this does not properly smartphones, the device Partner in Lozano Smith’s
important to preserve preserve the email for is forensically preserved, Los Angeles office.
what you can and ensure evidentiary purposes. reports are typically
that the requesting party parsed out from SQLite Penelope R. Glover is Senior
defines what they are Q: If a public agency databases and then Counsel in Lozano Smith’s
seeking when metadata is legally obligated filtering is performed for Walnut Creek office,
is requested, as each to produce metadata relevant information. and chair of the firm’s
system can vary in what that is located in an For cloud-based Technology & Innovation
metadata is maintained. employee’s personal accounts, we obtain the Practice Group.
electronic device or user’s authorization to
Q: Does an employer or account, how would it access personal accounts Julie Lewis is Founder and
employee need to take go about doing so? prior to preserving. CEO of Digital Mountain,
any steps to preserve Metadata varies across a leading global provider
metadata? A: It depends. At different cloud-based of electronic discovery,
Digital Mountain, we applications. It’s computer forensics,
A: For discovery have a separate form important to know what cyber security and next-
purposes in litigation, it’s that custodians sign metadata is relevant and generation Web-based
critical that metadata is providing authorization what’s considered noise. solutions.
preserved based on how to collect their digital Bring your own device
documents are held in evidence. For metadata policies have created a
the ordinary course of extraction, what lot of complexity in our
business. This involves information is processed industry. It’s always best

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