The EDRM identification stage is one of the least discussed phases in the EDRM model. Cloudficient shows why it’s one of the most important.
In this article by Holly Wilkins titled (wait for it!) An Overview of the EDRM Identification Stage (available here), she discusses how the identification phase is the second stage of the EDRM, after information governance. It involves locating potential sources of relevant ESI that may be pertinent to a legal case or investigation. This step is about recognizing where data resides within an organization’s digital landscape, including emails, documents, databases, and even social media content. Effective identification ensures that all pertinent information is accounted for before moving on to preservation, collection, and analysis. It lays the groundwork for a defensible eDiscovery process by establishing a clear understanding of the data environment.
While identification is the second phase in the EDRM model, it’s the stage that kicks off discovery. Information governance is its own discipline and perpetual – that’s why it’s the only phase in the EDRM model that is a circle, which is now the IGRM model.
Who is involved with the EDRM identification stage? Several key stakeholders within a business play vital roles during the identification phase:
- Legal Teams: Attorneys and paralegals lead the effort to determine what information is legally relevant. They define the scope based on case requirements and legal obligations.
- IT Departments: IT professionals provide the technical expertise needed to locate and access data across various systems. They understand the organization’s data architecture and can identify where specific information is stored.
- Compliance Officers: These individuals ensure that the identification process adheres to regulatory standards and internal policies, helping to mitigate risks associated with non-compliance.
- Department Managers and Employees: Personnel who generate or manage significant amounts of data may be consulted to identify unique data sources or explain how certain information is used within the organization.
- Data Privacy Officers: In organizations where data privacy is a concern, these officers ensure that the identification process respects privacy laws and regulations.
By collaborating across these roles, an organization can comprehensively identify all relevant ESI, making the subsequent stages of eDiscovery more efficient and effective.
So, how important is an accurate identification phase? And what are challenges and best practices that you need to know? Find out here, it’s only one click! Identification of the best practices starts by clicking! 😉
So, what do you think? How does your organization handle identification in discovery? Please share any comments you might have or if you’d like to know more about a particular topic.
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Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.