The challenge of managing eDiscovery costs continues to grow as data volumes increase and data sources diversify. Investigators face the critical task of maintaining efficiency and cost-effectiveness in an ever-complex landscape.
This article explores:
- How to handle a wide variety of data types and sources (such as emails, chat messages, audio and video files) and use them to provide early insights that inform the direction of an investigation.
- Some of the common challenges associated with different data sources (such as format, structure, metadata, encryption, authenticity, integrity, admissibility, privacy and confidentiality) and how they impact the investigation process and outcome.
- How Salient’s data-smithing skills and advanced technology platform can help investigators overcome these challenges to deliver effective and efficient eDiscovery solutions.
The challenges of managing eDiscovery costs whilst working with rising volumes
Data volume and relevance
As data volumes rise, finding relevant documents among vast collections becomes increasingly difficult. Sophisticated search and filtering tools are essential.
Structured and unstructured data types each come with their own unique challenges, requiring a combination of tools and techniques to create a document set for early review in order to inform the direction of the investigation.
Data reduction
Reducing the amount of data for processing, review, and production is crucial. Techniques like deduplication, culling, sampling, and predictive coding play a significant role.
Salient’s data-smithing skills are particularly effective in minimising the data load. This is a key difference between our service – which includes access to skilled operators – and the more traditional model of providing access to the technology platform, alone.
Storage, transfer and security
Managing the storage, transfer, and security of data may incur additional costs and risks, and is best approached with a skilled hand at the tiller.
Compliance
Compliance with legal and regulatory requirements across different jurisdictions – particularly concerning data privacy, preservation, and disclosure obligations – adds to the complexity of investigations.
At Salient, we measure our compliance standards against the high bar set by the GDPR. This positions us to more easily meet the obligations of other legislation, including South Africa’s PoPIA, and emerging regulations in other regions where necessary.
Communication and Collaboration
Coordinating communication and collaboration among various stakeholders can prolong the eDiscovery process, increasing complexity and costs. Access to skilled facilitators can help streamline this process.
The challenges of managing eDiscovery costs whilst working with diverse data sources
Formats, structures, and metadata
Different data types (emails, chat messages, audio and video files, etc.) come with unique formats, structures, and metadata. For instance, chat messages may differ from emails in terms of timestamps, emojis and attachments, and may require specialised tools for extraction and preservation of relevant information, as a result.
Pre-processing requirements
Certain data formats, like audio and video files, need pre-processing – such as transcription and translation – to be searchable and reviewable. This pre-processing can involve higher costs and risks compared to text-based documents.
Authenticity and integrity of evidence
Maintaining the authenticity, integrity, and admissibility of evidence from various data sources poses additional challenges – particularly when it comes to:
- verifying the source, authorship, date, and content of data
- maintaining chain of custody
- complying with the relevant rules and standards.
Sources that are prone to manipulation, deletion, spoofing and hacking, for example, may require additional steps to prove their reliability and relevance.
Privacy and confidentiality
Preserving privacy and confidentiality involves ethical, legal, and technical challenges. Identifying, notifying, obtaining consent, and protecting the personal and sensitive information of data subjects is critical.
Sources like chat messages, for example, may contain private and/or confidential conversations that need careful screening and redaction to avoid unnecessary disclosure and potential harm.