Business data was recorded on paper and filed in manila folders within a cabinet. Not anymore! Most businesses have used the computer age to go “paperless.” Without realizing it, many companies have electronic data stored throughout their offices. The prominent places, such as desktop and notebook computers, aren’t the only places where data is electronically stored. In addition, data is commonly stored on hand-held PDAs, Blackberry® mobile units, and even iPods®. Electronic messages (data) have often been uploaded to a central server. Of course, they also came from someone else’s server. Electronic records are everywhere!
Why is knowing this important to you? On December 1, 2006, amendments to the Federal Rules of Civil Procedure addressing the safekeeping and production of electronic data became effective. Those rules now make clear that significantly greater obligations exist to maintain electronic data if one reasonably believes litigation may occur and to produce all relevant electronic data if requested during litigation. Many states’ civil procedure rules, including Florida’s, have been modeled on or originated from the federal laws and likely will be amended to incorporate the same or similar obligations.
What should you do? Businesses should immediately seek legal advice concerning their electronic data storage and deletion policies and get their lawyer involved to review electronic data issues as soon as any litigation is threatened or instituted against them.