Data Governance has become a key consideration for organizations as technology continues to transform the way in which we operate and do business.  New and emerging communication methods and data types have exponentially increased productivity, while also presenting unique eDiscovery and data governance challenges to corporate and legal stakeholders.

While data governance traditionally focused on internal policies and procedures put in place by corporate information stakeholders, today, organizations must push beyond traditional considerations and develop their understanding of data governance along the entire data continuum, including:

• The evolving nature of digital information assets and their relationship to the Electronic Discovery Reference Model (EDRM).
• Considerations for third parties involved in eDiscovery, including data security, legal and regulatory compliance, and data minimization.
• Technology, policy, and hybrid solutions for managing data leaving an organization for eDiscovery purposes.

Effectively managing data while mitigating risks downstream requires corporations and law firms to collaborate and closely align their separate data governance strategies.

Aligning Corporate and Law Firm Data Governance Strategies

Information governance (IG) presently sits to the left of the EDRM ; however, IG is a duty that should be considered throughout the EDRM lifecycle. Corporations have an ongoing need to manage data—not just when litigation or an investigation is imminent. The current approach is to manage information and data while protecting it throughout the entire lifecycle of a matter. The EDRM and IG principles complement each other and emphasize the need for comprehensive data management strategies and compliance with any legal or regulatory framework.

The Stakes and Interdependence of Legal Data Stewardship

While working through a legal dispute, third parties such as eDiscovery service providers, forensic technologists, forensic accountants, and other subject matter experts are often involved. These parties frequently come into the possession of an organization’s data and therefore should be part of data governance considerations. Here are some fundamental principles to consider regarding data stewardship:

Collaboration

It is essential for corporations and outside counsel to collaborate in managing data footprints. Law firms will be best positioned to minimize risk to their corporate clients when they have their own firm IG policies in place. However, for corporate employees, understanding the “why” behind a policy is much more important than just knowing a policy exists. Law firms and third-party vendors must provide peer-to-peer training and openly communicate with all data creators and custodians across a corporation to properly apply IG policies.

Implementation

By internally implementing IG strategies, law firms can balance meeting their obligations while supporting litigation. As teams implement various practices, they must balance duties to preserve and review relevant data during litigation with data governance considerations. The importance of education, training for compliance, and right-sized policies that meet the organization’s needs without hindering productivity cannot be overstated.

Compliance

Corporate leadership mandates of organization-wide compliance with new policies are essential for effective information governance. Buy-in from the top strengthens the overall IG framework and helps make policies more straightforward and easier to implement. Law firms should also apply data governance practices internally to handle client data and improve operational and compliance frameworks. Compliance with legal or regulatory obligations must be ensured, particularly regarding sensitive data from specific sources. Questions to ask: Does GDPR or CCPA apply? What about industry-specific regulations that are standard in the financial services, healthcare, and pharmaceutical industries?

IG and eDiscovery

Information Governance best practices must be applied to organizational data wherever it may reside. This includes data that has been provided to law firms and third-party service providers for eDiscovery purposes.

CDS offers numerous solutions, including CDS Vision AutoArchive and CDS Corporate Data Warehouse, that enable workflows and automated processes, to manage and reduce eDiscovery data foot prints in accordance with corporate information governance policies.

Vision AutoArchive is a rules based eDiscovery cloud data governance solution which enables IG compliant cost-saving automations of the Relativity ARM, Cold Storage and data deletion processes. Corporate Data Warehouse is an information governance solution that stores serial custodian data in a single, centralized repository where data sets and attorney work product relevant to multiple matters can be accessed without incurring repeated collection , processing, review and hosting costs.

CDS also deploys both proprietary and third-party technology solutions to identify and protect documents containing sensitive personal information.

CDS Advisory Services brings together industry leading technology and technical expertise to support the legal technology needs of organizations throughout the eDiscovery process. To learn more about how we can help you meet your organization’s unique challenges, contact us for a consultation today.