You make WHAT discoverable?

I had a meeting with a very large financial institution today and we were talking about compliance, eDiscovery and enterprise content management. I mentioned that Interwise were working on a technology where a video conference could be automatically transposed, the transcript indexed and stored with the recording of the conference. This allows you to effectively full text search anything said in a video conference and make the conference a record.

They mentioned that our attendance at the meeting was discoverable. The security log that shows that we were logged in to the building and the associated video footage are discoverable.

When we say discoverable we mean that if a court issues a 'discovery notice' then the piece of content that you have must be considered as being relevant and that the content may need to be delivered to the court. For example, if the customer was suing me for something and the customer claimed that they had never met me then the court might issue a discovery notice asking for any information relating to any conversations with me. The security log and the video showing me arrive and showing that I stayed for 60 minutes would have to be delivered to the courts.

I think that this is amazing, I don't know why I am still amazed when I find out what people treat as discoverable - maybe I am just easily surprised.

My book is still being edited - I think I might just sneak this tidbit in - the editor will never notice, (unless he's reading this of course!)

I'll give a prize to the wackiest thing that anyone tells me is discoverable.

 

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  • 9/11/2007 12:11 PM Roger Matus wrote:
    Andrew --

    Anything that you store is discoverable. I have heard of the following being used in (or demanded for) court cases:

    - time card records
    - lobby camera video
    - phone records (from the phone company)
    - a person's personal Gmail account
    - cafeteria menus
    - ATM machine video

    Roger

    Blog: http://www.deathbyemail.com
    Reply to this
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