The issue of data privacy is a growing concern as the generation and storage of electronically stored information (ESI) continues to increase. The challenges of handling digital evidence will only increase as companies expand their use of artificial intelligence (AI). In litigation, sensitive information is often involved, making data security a top priority for corporations and law firms during e-discovery. E-discovery also plays a role in internal investigations, regulatory compliance audits, shareholder disputes, and trademark infringement claims, further highlighting the importance of data protection and privacy throughout the e-discovery process.

The e-discovery process, which involves collecting, copying, and transferring data outside of an organization, raises significant concerns of data protection at every stage. ESI often contains confidential data, such as trade secrets, financial information, and personal data, and attorneys need to be aware of their obligations to protect this information and prevent unauthorized disclosure. Hacking, malware attacks, and internal security breaches can compromise ESI, leading to unauthorized access and misuse of sensitive information. Additionally, the use of ESI raises privacy concerns for individuals whose data is being collected and used in legal proceedings. Attorneys must be mindful of their client’s privacy rights and take steps to protect them.