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Social Media Data Preservation
Social media is no longer a new phenomenon. Yet, the development of business rules governing the long-term retention of social media content in the ordinary course of business as well as the legal precedent governing the preservation of social media for litigation remain in their infancy. (For convenience, we will refer to the concept of saving social media for both purposes as “preservation.”) Businesses are only now beginning to explore the value and need to retain their social media interactions. Courts are likewise just starting to assess the interplay of privacy rights and regulatory laws, authentication of social media data, the waiver of privileges, and issues related to the preservation and collection of social media. See, Romano v. Steelcase, Inc., 2010 WL 3703242 (N.Y. Sup. Ct. Sept. 21, 2010) (privacy); EEOC v. Simply Storage Management LLC, 270 F.R.D. 430 (S.D. Ind. 2010) (privacy); Cripsin v. Christian Audigier, Inc., 717 F.Supp.2d 965 (C.D. Cal. 2010) (regulatory laws); Lorraine v. Markel American Insurance Co., 241 F.R.D. 534 (D. Md. 2007) (authentication); Griffin v. State of Maryland, 419 Md. 343 (Md. 2011) (authentication); Ledbetter v. Wal-Mart Stores, 2009 WL 1067018 (D. Colo. Apr. 21, 2009) (waiver); Tener v. Cremer, 2011 N.Y. slip op. 6543 (N.Y. App. Div. Sept. 22, 2011) (accessibility).
The emerging requirements for preservation solutions have created a two-fold need: identifying process solutions and the technology to support them. Fortunately, the market has seen growth in offerings aimed at meeting social media preservation strategies. This article explores some of these developments and provides a set of basic considerations to evaluate when assessing the technology.
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Bit Parts
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