Key Ways Social Media Affects eDiscovery – Part 1

Social Media

Social media discovery is becoming an increasingly core component for much of today’s litigation. And, whether in use by clients or counsel, obtaining evidence from social media also carries the potential for making cases much more complicated than expected. Here’s Part 1 of a closer look at some of the key ways in which social media is impacting ediscovery.



Counsel Must Re-Evaluate Advice to Clients

Perhaps one of the most primary ways that social media discovery impacts a case is that counsel must now make very sure to include advice on how clients should handle their social media profiles before, during and after active litigation. The typical user’s incorporation of social media into a large part of his or her daily life can make following this advice equal parts vital and challenging.

Changed Expectations of Privacy

Court precedents have established that anyone who is an active user of a public social media platform has “no reasonable expectation of privacy” with regards to eDiscovery, just as a physical journal or diary would still be subject to traditional discovery. As with other personal data, questions of privacy are set aside during litigation.

Increased Volume Data

eDiscovery in general is known for culling massive amounts of data, and adding social media discovery into the mix only increases this volume. Think of the ever-moving daily Twitter stream combined with regular Facebook status updates plus LinkedIn profile data and it’s easy to see how all these platforms add up so quickly. It’s important for courts to emphasize that social media discovery be limited to case-relevant data in order to control discovery time and costs.

Look for additional information in “Key ways Social Media Affects eDiscovery – Part 2. If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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