Nearly every business interaction or document is recorded electronically, which has completely transformed the way legal teams approach investigations. Electronically Stored Information has therefore become a cornerstone of modern eDiscovery. From emails to data from IoT devices, ESI offers important evidence and insights for cases. But what counts as ESI?
In this blog, we will look at the different types of ESI and why they are important.
What is ESI?
ESI, or Electronically Stored Information, is any information that is created, stored, or used in digital form. It is usually the primary source of evidence in litigation, investigations, and regulatory compliance, for example, emails, documents, databases, social media content, texts, and any other form of digital information.
It’s an important part of eDiscovery (the collection of ESI for legal issues), as it can reveal elements of a case like intent, decisions, actions, and more.
Types of Electronically Stored Information
ESI is any form of digital information, which, as you can imagine, there are many forms of. Here’s a breakdown of the different types of Electronically Stored Information that may be essential for effective eDiscovery.
Communication
Emails
Emails tend to be the most common type of ESI used in legal proceedings. They provide a written record of business communications, and often have attachments, timestamps, sender information, and more in the form of metadata.
Emails can show intent, decisions, and decision-making processes.
Instant Messages
Instant messages are found on platforms like Slack, Microsoft Teams, WhatsApp, and more. These platforms have become integral to workplace communication, especially with remote and hybrid teams. Instant messages can contain key information related to a case.
Text Messages
Texts are extremely relevant to investigations as they have metadata attached to them, such as timestamps, sender/receiver information, location, and more. Text messages can, therefore, be valuable for establishing timelines and context related to cases.
Voicemails
Voicemails can be stored on servers or cloud systems and may provide context or confirmation regarding elements of the case that might not be elsewhere.
Documents
Word Processing Documents
Documents that are created in Microsoft Word, Google Docs, or similar tools usually contain metadata, including the author, creation date, and revision history. Documents can often include reports, contracts, and memos, which may be relevant to investigations.
Spreadsheets
Spreadsheets created on Microsoft Excel or Google Sheets are valuable for financial, analytical, or statistical evidence. When creating spreadsheets, changes can be tracked, which shows how the data has changed overtime. This may be essential for indicating responsibility or accuracy.
Presentations
Presentations created on PowerPoint, Google Slides, or Keynote, for example, can provide insight into strategies and plans. This maybe important in litigation to view internal communications and plans for certain projects.
PDFs
PDFs are widely used in businesses and are generally used for finalised documents. PDFs can be text-searchable or image-based and often require optical character recognition for review. They’re important as they preserve the original formatting and may also contain embedded metadata that is useful for cases.
Digital Images and Photographs
Digital images such as JPEG, PNG, and RAW images can include metadata such as device information, timestamps, and geolocation, which can be important as evidence of events or compliance.
Video & Audio Files
Vidos such as meeting recordings, interviews, or security footage can all serve as evidence as they provide first hand evidence of events, conversations, and other interactions. This can be useful in corporate cases.
Graphs, Charts, & Drawings
CAD drawings, infographics, and other technical files can be used as supporting evidence for cases, especially in engineering, design, or project-based litigation. They provide technical and visual evidence for disputes.
Structured & Cloud-Based
Databases
Structured data that is stored in customer relationship management (CRM) systems or enterprise resource planning (ERP) systems tends to contain client communication logs, transactions, and other data that can be used for compliance audits or contract disputes. These conversations may contain confirmations that are otherwise being disputed.
Cloud Storage
Documents that are stored in the cloud are valuable for showing version history, changes, authorship, project timelines, and more, which can help with disputes.
Calendar & Scheduling
Calendar entries from platforms like Google Calendar, Outlook, and Apple can be used in eDiscovery to confirm attendance, deadlines, and sequences of events, as well as to verify claims.
Online Data
Social Media
Social media platforms like Facebook, X, LinkedIn, Instagram, and more may have posts, messages, comments, and other activity that can be relevant to investigations. It can be used for contract or employee disputes.
Website Content
ESI can come in many forms when it comes to websites; it can be page content, blogs, archived pages, and more, which can demonstrate statements, claims, and policy changes. This is referred to as public-facing evidence and can be preserved as information even if it’s removed at a later date.
Mobile Phone Data
Data from mobile phones can include app activity, browsing history, geolocation, call logs, text messages, and much more, which can all be used as evidence for corporate and criminal cases.
IoT Devices
Internet of Things (IoT) devices can include smart watches, smart home devices, sensors, and much more. These can provide unique and highly specific evidence, such as location, environmental conditions, and much more. It’s very useful in cases where other records may be unavailable.
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