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Cracking the Social Media Code: Navigating Challenges in eDiscovery


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Navigating Challenges in eDiscovery

Have you ever considered how social media can impact eDiscovery?


With the rise of social media platforms like Facebook, LinkedIn, YouTube, Instagram, and Twitter (and more), there is an increasing amount of data available for eDiscovery professionals to use in litigation or investigations. Navigating the challenges that come with this vast amount of data can be difficult.


One of the biggest challenges is the sheer volume of data. Consider this: Facebook alone had over 2.9 billion monthly active users as of January 2023, according to Statista. Each user generates a tremendous amount of data, including posts, messages, videos, and comments. Collecting and analyzing all of this data can be an overwhelming task, particularly in complex litigation or investigations.


Moreover, privacy concerns and constantly evolving privacy policies can complicate the collection and preserving social media data. Not everyone realizes that social media platforms often have complex privacy policies that can be difficult to navigate. Many of us may use our personal devices for work and share information with varying privacy settings, which can complicate collecting and preserving social media data.


In addition to these challenges, authenticating social media evidence can be difficult. Social media posts can be easily altered or deleted, and it can be challenging to verify the origination of a particular post or message. Furthermore, social media platforms are constantly evolving, and new features and privacy policies can affect how social media data is collected and preserved.


But don't worry, there are ways to address these challenges! Working with experienced consultants in social media is one way to navigate the complexities of social media platforms and data. Having a solid strategy for handling social media in eDiscovery, including identifying and collecting relevant data, preserving it in a defensible manner, and analyzing it to extract actionable insights, is also essential.


We also have a team of experienced experts who can help you develop a solid strategy for handling social media in eDiscovery and implement a thorough social media policy that outlines best practices that should cover employee social media use, data retention, and privacy considerations.


Even though social media presents unique challenges in eDiscovery, it also offers valuable data that can be relevant in litigation or investigations. By working with experienced experts like us at Duke Advisory Group we can help you implement processes and extract valuable insights from social media data.

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