eDiscovery has validity because almost all examples of EFD are recorded permanently by digital sources and can be accessed if necessary as legal evidence. To this extent it is true that absolute privacy in communications — personal, enterprise, social, governmental, etc. — no longer really exists, and can become evidence for use in litigation. Moreover, its use is no longer a matter of precedent; eDiscovery evidence has been formally applicable within the Federal Rules of Civil Procedure since 2006.
Litigants relying on eDiscovery need to be aware of the legal regulations governing its use. Often serious sanctions can be applied for misuse, even where documents or other relevant EFD are not reasonably available. Discovery sanctions can also issue where good preservation practices are neglected by forensics or other discovery personnel. Arguments that producing EFD is unduly burdensome will also tend to be rejected and sanctioned if pursued.
If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!