CAS-001 · Question #157
A company receives an e-discovery request for the Chief Information Officer's (CIO's) email data. The storage administrator reports that the data retention policy relevant to their industry only…
The correct answer is D. 5. Under e-discovery rules (governed by frameworks such as the Federal Rules of Civil Procedure in the U.S.), a company must produce all relevant data that is in its possession, custody, or control - regardless of what its data retention policy states. A retention policy defines…
Question
A company receives an e-discovery request for the Chief Information Officer's (CIO's) email data. The storage administrator reports that the data retention policy relevant to their industry only requires one year of email data. However the storage administrator also reports that there are three years of email data on the server and five years of email data on backup tapes. How many years of data MUST the company legally provide?
Options
- A1
- B2
- C3
- D5
How the community answered
(22 responses)- A5% (1)
- B9% (2)
- C5% (1)
- D82% (18)
Explanation
Under e-discovery rules (governed by frameworks such as the Federal Rules of Civil Procedure in the U.S.), a company must produce all relevant data that is in its possession, custody, or control - regardless of what its data retention policy states. A retention policy defines the minimum time data must be kept, not a cap on what must be disclosed. If the data exists and is relevant to the legal request, it must be produced. Since 5 years of email data exists on backup tapes, all 5 years are subject to the e-discovery order. In fact, once litigation is reasonably anticipated, companies are obligated to issue a litigation hold, which suspends normal data destruction - meaning they cannot destroy the backup tapes to reduce exposure. Failing to produce known existing data can result in sanctions for spoliation of evidence.
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