Database Migration in eDiscovery

Data migration is the process of moving data from one location to another, one format to another, or one application to another. This can result from implementing a new system, storing the data in a new location, or merging with another company. However there can be a whole new beast of eDiscovery problems that occur during data migration including the alteration of metadata and ESI loss. One of the most common reasons for data migrations is a result of firms moving from onsite infrastructure and processes to cloud-based storage and applications.

During the process of migration, both chain of custody and data fidelity are need to ensure the legal defensibility of the data. Data fidelity is defined as a measure of similarity to the data’s original state, aka the data is unaltered. This is crucial because in legal holds it is required that potentially relevant data is not altered in any form. This comes into play the most during the litigation hold and data collection processes.

Here are a few best practices to implement when considering a data migration initiative:

  • Outline a clear scope of the project and consult with your GC or outside counsel.
  • Ensure that the migration plan is compatible with existing policies.
  • Create a clear and time bound schedule for the migration.
  • Validate data after the migration with testing its accuracy prior to deleting the legacy data.
  • Document every step of the process with a clear and concise chain of custody.

Do you have questions about data management? Reach out to a TERIS team member HERE.

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