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Preserving Evidence

Updated Jan 30, 2024 ·

Overview

Cybersecurity teams often help with legal matters by preserving, collecting, and sharing information needed for disputes. These steps make sure evidence is handled correctly and can be used in court.

  • Focuses on preserving, collecting, and producing relevant data
  • Supports legal and investigative processes
  • Ensures evidence is trustworthy and organized

Evidence Admissibility

Evidence must meet certain standards to be accepted in court. These rules ensure that only proper, trustworthy information is used.

  • Relevance: Must directly relate to the case.
  • Reliability: Must be credible and trustworthy.
  • Legality: Must be obtained lawfully.

A legal hold, or litigation hold, tells an organization to keep all information related to a case. It prevents data from being deleted or altered.

  • Prevent Evidence Loss: Stops accidental or intentional deletion
  • Notify People: Ensure employees preserve relevant records
  • Document Actions: Track communications and steps for accountability
  • Maintain Hold: Continue until case or investigation ends

Most litigation holds remain in the preservation and collection phases without progressing to production. A few cases reach a point where evidence must be presented in court, with many disputes being settled or not proceeding further.

Lifting the Hold

Once the legal case or investigation is complete, the legal hold can be removed. This allows normal operations to resume.

  • End Restrictions: Resume normal access to data and systems
  • Update Records: Note that the hold has been lifted
  • Confirm Compliance: Ensure everyone affected knows the hold is removed

Lifting the hold marks the end of the preservation stage but does not affect any evidence already collected.

Electronic Discovery

Electronic Discovery, or eDiscovery, is the process of identifying, collecting, reviewing, and producing electronically stored information (ESI) for legal or investigative purposes.

  • Involves emails, documents, databases, social media, etc.
  • Utilizes eDiscovery tools to handle large data sets
  • Follows legal guidelines for evidence management
  • Requires coordination between IT, legal, and compliance teams
  • Ensures proper documentation of evidence for court use

The main steps in eDiscovery are:

  1. Preservation
  2. Collection
  3. Production

Preservation

The goal of preservation is to maintain the integrity of the electronic information, which is essential for building a strong case or responding to legal requests. During this step:

  • Issue Hold: Notify teams to preserve data
  • Stop Deletion: Prevent automatic or accidental removal
  • Maintain Integrity: Keep all records complete and accurate

Other actions include:

  • Backing up important data
  • Isolating critical systems
  • Limiting access to sensitive information

Collection

Collection involves gathering the preserved data for legal review.

  • Retrieve Data: From devices, servers, and cloud
  • Organize Information: Make it easy to review
  • Use Tools: eDiscovery software helps manage the data

Production

Production is when relevant data is shared with the opposing party in legal disputes.

  • Review Data: Lawyers select what can be shared
  • Create Files: Package relevant records electronically
  • Share: Provide to the other side according to rules
info

Most cases never reach production because many are settled or resolved before then.