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Understanding data security incident review vs. traditional eDiscovery review

Following a security incident, these steps are vital to identifying and protecting sensitive and confidential information

Organizations are increasingly susceptible to information security attacks and data breaches, which often leave confusion, increased exposure, and compliance and regulatory uncertainty in their aftermath. 

When a data breach or other incident occurs, organizations need to take steps to protect sensitive and confidential information that may have been exposed. Two crucial processes that come into play during such incidents are the Data Security Incident Review and Traditional eDiscovery Review. By understanding these key differences, organizations can efficiently manage both aspects in the aftermath of an incident, ensuring data privacy and legal compliance are adequately addressed.

This article will delve into the fundamental differences between these two approaches, shedding light on their distinct purposes, methodologies, and outcomes.

A data security incident review is the process of identifying and protecting sensitive or confidential information that may have been exposed because of a data breach or other incident. The review typically covers all electronic discovery materials, including email, social media, and cloud-based applications.

A traditional eDiscovery review, on the other hand, is a process of identifying and producing documents that are relevant to a legal matter. The review typically covers only those documents that are responsive to specific requests made by an opposing party.

The two review methods are further defined by scope, timing, intended goal, and the technique for which they are conducted.

It is important to note that these are just some of the key differences between a data security incident review and traditional eDiscovery review. The specific processes and procedures that are used may vary depending on the specific case and the requirements of the applicable legal and regulatory framework.

Benefits of a data security incident review include several key benefits, including the ability to:

  • Meet legal requirements: In some jurisdictions, organizations may be required to conduct a data security incident review after a data breach or other incident. By conducting a review, organizations can help to ensure that they are meeting their legal obligations.
  • Reduce risk: A data security incident review can help to reduce the risk of future data breaches or other incidents. By identifying and addressing vulnerabilities in their data security systems, organizations can make it more difficult for attackers to gain access to sensitive or confidential information.
  • Improve compliance: A data security incident review can help organizations improve compliance with privacy laws and regulations, and in turn helps avoid costly fines and penalties.

If your organization has experienced a data breach or other incident, it is important to conduct a data security incident review. This can help you to protect sensitive or confidential information, meet legal requirements, reduce risk, and improve compliance.

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About the Author

Maria Victoria (Mavi) Yuste leads Managed Review Services in EMEA for Conduent's Legal, Compliance, and Analytics group. Mavi is an experienced eDiscovery strategist with a proven record of delivering innovative solutions and leveraging advanced legal technologies. She is the Director of Women in eDiscovery (London) where she helps women advance both professionally and personally by expanding and enhancing their development and networking opportunities. As a litigation lawyer in Barcelona, she worked for well-established law firms before moving to New York to study Conflict and Dispute Resolution at NYU.

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