Thought Leadership and Industry Trends
Responding to Data Breaches: A New Use for eDiscovery Technology
Technology solutions originally developed for eDiscovery are increasingly being repurposed to help companies outside the litigation context. In a previous post, we discussed how this technology can be used to proactively manage legal risk. Another way companies can benefit is to utilize eDiscovery solutions in response to data breaches. Cybersecurity is a big problem for many companies as evidenced by the constant media coverage of massive breaches. When these situations happen, experts come in to fix the breach, but that still leaves businesses to deal with their notification obligations. That’s where eDiscovery expertise can make a big difference.
Once a company knows it has experienced a data breach, various state laws and in some cases, international law, require them to investigate what specific data was compromised and notify affected individuals. Accuracy is crucial as companies may face significant legal liability for failure to make timely notifications to all parties. Businesses must review and analyze their data, which may involve using both technology and human processes. This is the kind of work eDiscovery service providers handle every day.
Service providers have both the platform and the experience in collecting, reviewing and synthesizing large data sets to extract relevant information. They understand how to deploy a technology-first approach to efficiently get results. For example, using Early Case Assessment and culling tactics can significantly increase efficiency and reduce the time and costs associated with human review. In addition, quality control processes are employed to ensure accuracy.
All eDiscovery service providers may not be equipped to help companies with this type of review. The workflow is different in a litigation context than it is in the case of a post-breach audit to identify compromised data. That’s why it’s important to discuss these issues with a provider.
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