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Facebook, LinkedIn, Twitter. At times these social media outlets are purely personal communications. Other times, they are part and parcel of how a company does business. How does a company identify which social media data it must retain as part of its overall policies for preserving electronically stored information (“ESI”)? In large part, the answer may be found by examining the degree to which the social media communication is truly a company-related communication. If the company permits or authorizes social media communications on its behalf, it likely will need to take steps to preserve and review such data even if it is made by an employee on a personal, password-protected account on a home computer.

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