Backup Tapes as Litigation Hold

An article published in the July 19th issue of the New Jersey Law Journal explores the idea of using data locked away on backup tape as the source for eDiscovery. The article, Proven Methods to Prevent Spoilation of Online Data, points to the impenetrable nature backup tapes, and conversely the dynamic environment that houses online data. Online data is subject to editing or deletion even after a litigation hold notice is issued – emails can be deleted and documents can be overwritten. However, the smoking gun still exists on backup tape, which has preserved an unspoiled version of all corporate data including that relevant to a litigation event. In years past tape discovery was cumbersome and expensive. But the dawn of technology that indexes data directly from tape, without restoration, allows the fast and easy access to ESI to support litigation. By indexing the data on tape, either from last night’s routine backup, or from a forensic snapshot stored to tape, eDiscovery teams can be assured that the tape data has not been tampered with.