CAS-002 · Question #142
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 obligations, a company must produce all data it actually possesses, regardless of what its retention policy requires. Because backup tapes contain five years of data, all five years must be legally disclosed.
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
(49 responses)- A12% (6)
- B4% (2)
- C6% (3)
- D78% (38)
Why each option
Under e-discovery obligations, a company must produce all data it actually possesses, regardless of what its retention policy requires. Because backup tapes contain five years of data, all five years must be legally disclosed.
Providing only one year would satisfy the retention policy minimum but would withhold data the company still possesses, which constitutes spoliation.
Two years of data corresponds to no stated storage location in the scenario and is not a valid legal threshold.
Three years matches what is on the live server, but the backup tapes holding five years are also under the company's control and must be disclosed.
E-discovery rules, including those under the Federal Rules of Civil Procedure, require organizations to produce all electronically stored information (ESI) within their custody or control. The retention policy establishes a minimum, not a ceiling - if data exists beyond the required period, it remains discoverable and must be provided.
Concept tested: E-discovery obligations and data retention vs. possession
Source: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure
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