They do have impact ... many judges have cited various Sedona elements in their opinions already and this is a primary objective of the Sedona Conference and its principles.  Many people are hoping this principle will stand going forward.  However, there is an enormous amount of churn (read: confusion, misinformation, steep learning curves, dabblers and experts in new dialogue together) on the topic. Including metadata can be a potential weapon for an opponent because it's not trivial to preserve, collect and produce metadata -- bottom line, the cost of response is a factor in case strategy and this can cost more.         
 
Ethics issues and metadata are so circumstance-specific and there are state and Federal courts, laws, and governing agencies to reconcile that judges ultimately have a lot to sift through and work from to render their judgment ... and lawyers and companies have a lot to sift through to figure out what's right when :~)
 
Deidre
 
 


________________________________

From: Records Management Program on behalf of Taina Makinen
Sent: Wed 12/13/2006 9:09 AM
To: [log in to unmask]
Subject: Re: [RM] American Bar Association position on ethics of metadata use & clawbacks



Deidre Paknad wrote:

>I think one of the stickiest issues for the coming year or two will be the >issue of relevance and metadata -- the test for producing information is >its likely "relevance" to the issue at hand.  Most judges will say that >file date/time stamp is rarely relevant ... so must metadata be preserved, >collected, and produced, even if it's not relevant?  Stay tuned for much >more case law on this!
 
In the Sedona Principles for Electronic Document Production, principle #12 states "Unless it is material to resolving a dispute, there is no obligation to preserve and produce metadata absent agreement of the parties or order of the court." Would recommendations made by the Sedona Group have any weight in U.S. case law?

Regards,
Taina Makinen
Vital Records Specialist
Canadian Tire Corporation
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