The number of documents involved in a data breach investigation or litigation can be immense; proper preparation and response is critical.
What documents were exposed, and how? • Issues raised by a data breach, and potential regulatory and/or litigation exposure, are serious and complex • Are you properly prepared for litigation, or to respond to a regulatory investigation? • How will you defend against litigation? Document management • Where are your hardcopy and after a data breach electronic documents? • Are they exposed? • What are your policies and procedures for document retention? • What are your policies for document destruction? Document management before & after a data breach Document management before a data breach Privacy and data breaches have resulted in the commencement of many regulatory investigations and actions, including dozens of class proceedings Managing litigation and investigations resulting from a data breach will engage numerous complex, largescale, document management issues The number of documents involved in a data breach investigation or litigation can be immense; proper preparation and response is critical. Billions of dollars in damages have been claimed against governments, and some of Canada’s largest retailers, telecommunications companies, banks and auto manufacturers (among others) Osler, Hoskin & Harcourt llp Toronto Montréal Calgary Ottawa Vancouver New York | osler.com © Copyright 2016 Osler, Hoskin & Harcourt LLP. All rights reserved Document identification and preservation • You will need to identify, locate and preserve data that has been exposed as a result of a data breach • Document preservation is critical to mounting a strong response or defence Document collection • The number of documents affected by a data breach, regulatory investigation and/or a court proceeding can be enormous • As with preservation, efficient and comprehensive collection as part of an organization’s response to a data breach is of the utmost importance Document review • Review of collected documents for relevance and privilege is often a massive undertaking • Using smart technology and the most advanced analytics can cull and filter the volume of documents to be reviewed • Specialized review expertise and oversight is critical to controlling cost, schedule, and ensuring relevant documents are effectively identified and privilege is maintained • Upon completion of an effective document review you will have a good understanding of the documents involved in the breach Document production • Implementing these practices will best position your organization to mitigate the impact of a data breach • Effective document collection and review will lead to appropriate document production (i.e. production limited to relevant, non-privileged documents)