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> It can't be discoverable if it doesn't exist ... That's great, and for some things the court can ask you "Well *why* haven't you got it?" and then you're fuc
by ErroneousBosh 10d ago
> It can't be discoverable if it doesn't exist ...
That's great, and for some things the court can ask you "Well *why* haven't you got it?" and then you're fucked. Now you're explaining in front of a parliamentary committee why you destroyed what would turn out to be evidence.
- AdamJacobMuller 10d ago"Our standard process is to only retain logs when legally required to, either due to being notified about a litigation or through legally mandated periods" is a fully complete sentence. Unless you're required to retain logs for some reason like a litigation hold or legally or contractually mandated retention period and you violate those, while the adversarial party might be annoyed at you for not retaining logs there isn't much they can or will do beyond being annoyed. Of course if you destroy logs after being notified of litigation or inquiry, you're gonna have a bad day.
- ErroneousBosh 10d ago> "Our standard process is to only retain logs when legally required to, either due to being notified about a litigation or through legally mandated periods" is a fully complete sentence. And for some of that, the "legally mandated period" is "since the beginning of time itself".
- bdcravens 10d agoIf you automatically delete everything after the statutory retention period, you're fine. If you conditionally do so, that's when you have explaining to do.
- ErroneousBosh 10d agoYou're not fine, you're in the shit and have deleted the evidence that says it was someone else's problem all along.