Digital Forensics: The Challenge Of Electronically Stored Information

By Author: Sacha Ward
Total Articles: 2
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The volume of electronically stored information (ESI) has exploded in recent years, and continues to increase. According to IBM, every day, we create 2.5 quintillion bytes of data.

The volume of electronically stored information (ESI) has exploded in recent years, and continues to increase. According to IBM, every day, we create 2.5 quintillion bytes of data. This means that 90% of the world’s data were created in the last two years. The range of new technology and devices on which ESI can be stored, and consequently from which evidence can be collected, is also expanding.

This exponential growth in ESI and data sources has a direct impact on the cost and duration of the e-disclosure process, and presents many challenges to lawyers and their clients. Digital forensics processes are becoming increasingly costly to collect, process and review the growing amounts of data that may be relevant to a case.

‘Even in medium-sized actions, where all the documents are in paper form, disclosure can be a major exercise which generates disproportionate costs. In larger actions where the relevant documents are ...
... electronic, the problem is multiplied many times over.’ Lord Justice Jackson

Data Challenges:

Understanding the electronically stored information (ESI) – what it is, where it is located, and how to get it

Familiarisation with data retention

Understanding the dangers of failing to preserve and produce ESI properly

Awareness of the potential sources of electronic evidence

Developing more targeted collection methods that include crucial metadata, and will support defensibility in court

Using new technologies such as pre-processing and predictive coding to reduce the cost and duration of the e-disclosure process

Experience in digital forensics is required for a thorough understanding of ESI – what it is, where to look for it, and how to get it. Professional support is needed in the identification and collections phases of an e-disclosure project to ensure that all relevant sources of ESI are considered. Data collection including digital forensics is an expensive phase in the e-disclosure process.
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