Interesting guest article from Jerry Bui on the Relativity blog regarding how the TikTok example shows vulnerabilities in modern data preservation postures.

The article, titled (wait for it!) The TikTok Example: Vulnerabilities in Modern Data Preservation Postures and available here, Jerry, who is the Founder and CEO of Right Forensics, discusses how the recent legal challenges surrounding TikTok underscore the critical need for proactive data preservation strategies. Even though the nationwide ban on TikTok was given a reprieve when President Donald Trump took office, that doesn’t mean the data will be available forever.

That’s why, as Jerry notes, legal experts emphasize the importance of understanding the data policies of platforms like TikTok. Given the possibility of sudden data loss from platform shutdowns or policy changes, it’s essential to act quickly to preserve necessary information. This may involve proactively collecting data or advising clients to keep their accounts active and avoid deleting important content.

But perhaps the most important point Jerry makes in the article is that there are limitations to “preservation in place” as a litigation readiness strategy. While cloud platforms offer “preservation in place” features, these are often limited to user-generated content and do not encompass essential system-generated data, such as IT audit logs. These logs are vital for tracing activities and identifying anomalies, yet they are frequently excluded from standard preservation protocols. They provide a chronological record of system activities, capturing who did what, where, and when. Sound familiar? 😉

Jerry goes on to weigh the advantages and disadvantages of preservation-in-place versus collect-to-preserve approaches. And he discusses what “remains a critical component of a robust data preservation strategy”. What is it? Find out here, it’s only one click! It might change your perception on the benefits of preservation-in-place, or at least how it must be conducted.

So, what do you think? Does your preservation-in-place policy include IT audit logs? 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.