The Importance of Metadata in eDiscovery: Why It Matters More Than Ever

The Importance of Metadata in eDiscovery: Why It Matters More Than Ever

Danielle Haupert, Senior Marketing Manager

In today’s world, data is everywhere. From emails and text messages to cloud-based documents and social media posts, the sheer volume of information generated in our personal lives and in business each day is staggering. But in the realm of eDiscovery—where this data becomes evidence—one crucial element is often overlooked by the uninitiated: metadata.

Metadata is often referred to as “data about data,” and it plays a pivotal role in modern litigation, regulatory investigations, and compliance checks. Its importance stems from its ability to provide a wealth of contextual information that goes beyond the content itself, offering a more precise and comprehensive understanding of the evidence.

With records increasingly being “born digital” and digitizing important physical records being a common practice, records managers must be well-versed in metadata applications. Continue reading to learn about the importance of metadata when it comes to eDiscovery.

What Is Metadata and Why Is It Crucial in eDiscovery?

Metadata is essentially the hidden layer of information embedded within digital files. Think of it as the digital fingerprint for all electronically stored information (ESI). It includes details like:

  • Date and time stamps: When a file was created, modified, or accessed
  • Author information: Who created or last edited a document
  • Geolocation data: GPS coordinates attached to photos or mobile device data
  • File properties: File size, format, and version history

Metadata is invaluable because it validates the authenticity of evidence and reveals insights that may not be evident from the file’s content alone. For example:

  • A seemingly benign email could have metadata that shows it was forwarded to unauthorized recipients, raising red flags in intellectual property cases.
  • A document’s creation date might conflict with a party’s timeline, undermining its credibility.
  • Metadata can track edits and revisions, shedding light on the evolution of a file or uncovering attempts to alter or conceal evidence.

Is Metadata Important Only in the Legal Industry?

Metadata plays a critical role in industries far beyond the legal sector. While the prominence of metadata in eDiscovery is most closely associated with legal proceedings, the insight and context metadata provides are invaluable across a variety of industries.

For records managers and information governance professionals, metadata may hold the key to proving electronic record-keeping compliance during an audit, no matter what the industry. Here’s a closer look at how metadata influences industries outside the legal realm:

Healthcare and Life Sciences

  • Compliance: In healthcare, regulations like HIPAA require organizations to track who accessed patient records, when, and for what purpose. Metadata ensures this transparency and aids in auditing.
  • Clinical trials: Metadata records the chain of custody for data collected during trials, ensuring it’s tamper-proof and compliant with regulatory requirements.

Media and Entertainment

  • Copyright and intellectual property: Metadata helps identify the creator, license type, and usage rights of digital media assets, ensuring proper attribution and avoiding copyright infringement.

Finance and Banking

  • Regulatory compliance: Financial institutions are subject to strict reporting and record-keeping requirements. Metadata ensures accurate tracking of who accessed or modified financial records and when.
  • Audit trails: Metadata helps create a reliable audit trail, ensuring financial records align with standards like SOX or Dodd-Frank regulations.

Technology and Software Development

  • Version control: Metadata in code repositories tracks changes, authorship, and timestamps, ensuring efficient collaboration and accountability.
  • Cybersecurity: Metadata analysis can reveal anomalies in system logs, such as unauthorized access or suspicious file modifications, helping organizations identify and respond to threats.

Environmental and Geospatial Sciences

  • Regulatory compliance: Industries like mining or oil require metadata for environmental impact assessments and regulatory reporting.
  • Environmental monitoring: Metadata in air or water quality sensors includes timestamps and geographic coordinates, enabling precise tracking of pollution levels and compliance with environmental standards.

How to Avoid Mishandling Metadata

Streamlined and controlled metadata collection ensures defensible processes while reducing significant legal, financial, and operational risks.

Mishandling metadata—whether through poor collection processes or self-collection by custodians—risks spoliation, an irreversible loss that can result in legal sanctions, fines, or exclusion of critical evidence. To ensure ESI has accurate, complete, and defensible metadata attached to it, never ask employees or custodians to self-collect. Instead, rely on technology to defensibly collect metadata and implement these best practices:

  • Configure access controls so employees can’t manually modify or change metadata fields.
  • Work with your IT department to ensure that tech tools capture the right metadata fields.
  • Confirm that records retention requirements are included in the metadata being captured.

Most importantly, records managers, information governance professionals, and eDiscovery teams need to collaborate on metadata policies and practices to protect the organization’s ESI properly.

Metadata and the Path Forward in Digital Transformation

It’s easy to see that metadata serves as the backbone of data governance, authenticity, and compliance. While its role in eDiscovery is pivotal for legal professionals, its broader application across industries proves that metadata is not just a technical necessity but an important strategic asset. As organizations continue converting paper documents into electronic formats, the role of metadata in eDiscovery is only set to expand.

Whether you’re new to this conversion process or a seasoned pro, our eBook, Going Paperless? Avoiding the Legal Pitfalls of Digitization may help you untangle the requirements for electronic recordkeeping while you apply metadata to ensure defensible processes.

Read our ‘Going Paperless?’ eBook now!