Social media is defined by Merriam-Webster as “forms of electronic communication (such as websites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages, and other content (such as videos).”
Many construction organizations across Canada are active on social media platforms and have accumulated thousands of followers on Twitter and LinkedIn. This article will explore some eDiscovery considerations for organizations with a social media presence.
Social media content presents some unique challenges with respect to the preservation, collection and production of electronically stored information (ESI). First, social media content is dynamic and can be easily modified or deleted. Moreover, social media content is hosted by a third-party provider and not on an organization’s own servers. Last, specialized tools may be required to properly capture the content and various metadata associated with the social media content.
Organizations facing potential litigation should first consider whether their social media content is potentially relevant to the dispute such that it would need to be preserved. In Canadian common law jurisdictions, as soon as litigation is reasonably contemplated, parties have an obligation to take reasonable and good faith steps to preserve potentially relevant ESI. Preservation of ESI, and the consequences of failing to preserve, is discussed in more detail in our previous article...
Read Full Story: https://canada.constructconnect.com/dcn/news/economic/2021/09/special-to-the-dcn-joc-ediscovery-and-social-media
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