Unburdening Undue Burden: Why are backup tapes still a burden?

by Jim McGann

A federal court in Washington ruled in favor of Franciscan Health System’s motion to not produce data from backup tapes as it was expensive and not easily accessible.

Franciscan Health claimed it would need to restore, search and review data from 100 backup tapes, which at 14 hours of labor per tape would require 1,400 hours and $157,500 in costs. That’s over $1,500 a tape to discover and collect the responsive ESI! You can read more about the case on Lexology.com.

Index Engines’ Data Processing Lab recently performed a very similar job that required 25 mailboxes be restored from 100 tapes. The job was completed in 20 hours for less than $30,000. That’s a couple of days compared to many months of effort and for a fraction of the cost.

The Index Engines approach to tape is fundamentally different and less expensive from traditional restoration services. A simple scan of the tape allows full content or metadata search and reporting on the tape contents. Quickly find what is needed, whether it is a user mailbox, single file, entire directory or more. This content, and only this content, is then restored back online quickly and reliably.

Even when both parties “did not dispute that its backup tapes would contain at least some emails that were discoverable under Rule 26(b)(1)” the court once again fell for the burden argument and moved forward without doing a little research on how technology exists to circumvent the burdensome nature of backup tapes.

Learn more about the Index Engines’ tape advantage here: http://www.indexengines.com/backup-tape/about/tape-restoration-vs-direct-access