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What is Data Preservation?
Data preservation is the process of ensuring the retention and protection from destruction or deletion all potentially relevant electronically stored evidence using forensically sound processes. A forensically sound process will ensure the electronically stored evidence is not changed, including electronic metadata. The obligation is to make sure that all electronic and information that may be relevant is protected from deletion. The obligation to preserve begins when there is a reasonable expectation of future litigation. Reasonable efforts to preserve include suspension of routine deletion policies, issuing adequate preservation instructions to the organization, and oversight as appropriate.
Delegation is not a defense when electronic evidence is lost, altered and/or destroyed once the duty to preserve is known. You need to consult with your attorney and computer forensic examiner to ensure there is a well documented process to protect the data.
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Center for Computer Forensics
21800 Melrose Ave
Southfield, MI 48075
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