Ride the Lightning

Sedona Conference Offers E-Discovery Advice on BYOD

February 14, 2018

Hat tip to Doug Austin. As his eDiscovery Daily Blog reported, The Sedona Conference has published an initial Public Comment Version of its Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations. The Commentary is designed to help organizations develop and implement workable – and legally defensible – Bring Your Own Device (BYOD) policies and practices. This Commentary also addresses how creating and storing an organization's information on devices owned by employees impacts the organization's discovery obligations. It focuses specifically on mobile devices that employees bring to the workplace and does not specifically address programs where the employer provides the mobile device.

The Commentary cites five principles related to the use of BYOD programs and contains commentary for each.

Principle 1: Organizations should consider their business needs and objectives, their legal rights and obligations, and the rights and expectations of their employees when deciding whether to allow, or even require, BYOD.

Principle 2: An organization's BYOD program should help achieve its business objectives while also protecting both business and personal information from unauthorized access, disclosure, and use.

Principle 3: Employee-owned devices that contain unique, relevant ESI should be considered sources for discovery.

Principle 4: An organization's BYOD policy and practices should minimize the storage of––and facilitate the preservation and collection of––unique, relevant ESI from BYOD devices.

Principle 5: Employee-owned devices that do not contain unique, relevant ESI need not be considered sources for discovery.

The Commentary is a 40-page PDF file, including appendices. The public comment period closes on March 26. Questions and comments may be sent to .

BYOD causes all kinds of mischief in e-discovery. Brew a cup of coffee and read!

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