Remove the IT Department from Electronic Discovery Process

Email archiving solutions are valuable for organizations that are subject to stringent regulations such as the Sarbanes-Oxley Act or the Federal Rules of Civil Procedure.

For many organizations, the main purpose of an email archiving solution is to centrally manage email records for e-discovery. Thus when you evaluate an email archiving solution it is very important to consider how searches take place.

It's much better if searches can be performed by users--the human resources (HR) department, legal, or compliance officers--rather than email administrators, because:

  • People who perform the email search have certain legal responsibilities. Depending on the nature of the investigation, they may be required to provide testimony in court or in a deposition, regarding the exact nature of the search they performed.
  • Users who understand the purpose of searches and the context of the matter are better equipped to conduct searches.

Email administrators should maintain control over the email archiving solution. They can assist in preparation of the data and in the packaging of the search results, but they should not be involved in the actual search and the analysis of the search results.

... Bob Spurzem

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