In the evolving realm of electronic discovery and digital forensics, the rules are constantly changing. It takes smart, savvy professionals to rise to these challenges, stay in compliance with the existing legal framework, and anticipate potential eDiscovery challenges resulting from litigation. Here are 5 new challenges facing the field of digital forensics.
Evolving Privacy Laws
The fallout from the Edward Snowden case has brought the question of privacy to the forefront of every litigator’s mind and caused many Americans to question just how secret their supposedly private online activities may or may not be. This New York Times piece addressed the lack of federal response on the heels of the Snowden case and discussed the way many U.S. states are taking their own actions to increase privacy standards for online data collection. What remains to be seen is how any potential changes in this arena will affect the field of digital forensics and create new eDiscovery challenges as the story evolves.
Technological Innovation Outpacing Legal Updates
As technology becomes smaller, cheaper, and more easily updated, U.S. law faces major hurdles to keep up with new threats and tests to privacy posed by the increasing prevalence of data-generating and data-collecting devices. With location data being constantly collected by GPS applications on Smart Phones and a staggering amount of personal data being shared online and at points of sale, the law is not currently primed to keep pace with innovations in technology. As the recent data breaches at Target and Neiman Marcus revealed frightening chinks in the armor of financial data security, the law must evolve to protect citizens’ financial safety and privacy. As of now, technological advancements are far outpacing legal updates.
Look for us to discuss additional new challenges in Part 2 of this series. If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!