OK so here's a scenario ... Employee's documents are on legal hold, employee 
terminates employment while hold is still in place. eDiscovery group archives 
contents of employee's drive before passing to IT to do what they normally do 
before reprovisioning the computer. An error was made and the computer was 
redeployed before IT could save the contents of the drive. They are now 
asking the eDiscovery group if they could use their copy of the drive. This 
particular instance seems to be that it may be easier to restore the material 
from eDiscovery than to do so from the last backup. Because this is an 
isolated occurance and didn't cause undue burden for the eDiscovery group I 
thought it was OK. But this leads to a bigger question ....

Should any business units or IT, in general, be able to get copies of 
documents preserved for litigation for business purposes other than litigation? 
Should it be allowed only if those documents would otherwise still be available, 
but for some reason were lost or inadvertantly destroyed? Should it not be 
allowed if the documents would have been destroyed if not for the hold? 
Should it not be allowed at all?

My initial concern is that documents past their retention could get back into 
the mainstream records causing us to be out of compliance with policy once 
the hold is lifted and the documents held by legal are destroyed. Or by 
repurposing the records, do they then become new records?

What are your thoughts?


Nolene Sherman
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