2 ms·
> Something just doesn't feel right with the idea that you can be under obligation to help make a case against yourself in a legal proceeding. Well that’s kind
by Closi 4y ago
> Something just doesn't feel right with the idea that you can be under obligation to help make a case against yourself in a legal proceeding.
Well that’s kind of the whole thing with discovery - the court is asking the company to disclose relevant information (some of which will be against the company). Companies here have different disclosure requirements to an ordinary individual.
And if new evidence is being created, that new evidence would be subject to the same data request.
> I don't see how the users of the chat application can be expected to be aware of the implementation or proactively find ways for these private conversations to be recorded.
Most corporate messaging apps have built in functionality to handle litigation holds. This is a requirement for legal compliance, so the company would have to train and brief employees on their legal responsibilities to not destroy evidence during the litigation.
See: https://learn.microsoft.com/en-us/microsoft-365/compliance/ediscovery-teams-legal-hold?view=o365-worldwide https://learn.microsoft.com/en-us/microsoft-365/compliance/e... or https://slack.com/intl/en-gb/help/articles/4401830811795-Create-and-manage-legal-holds https://slack.com/intl/en-gb/help/articles/4401830811795-Cre... or https://support.google.com/vault/answer/7657594?hl=en https://support.google.com/vault/answer/7657594?hl=en
Which conversations are subject to legal hold would be discussed in court.