Text messages can also be requested as part of an e-discovery or litigation event, since texts are often considered relevant electronically stored information (ESI) within an organization. Many courts are compelling the production of texts in civil litigation, if a mobile device is believed to possess relevant text messages.
While other forms of electronic communication, including email, are relatively straightforward to collect, archive, and extract, text is different. Companies must now figure out how to collect and preserve data from numerous devices, operating systems, and device ownership scenarios. It does not matter if an employee uses a corporate-issued device, a personally owned device, or a combination of the two for business-related texts. All devices are fair game for discovery in litigation if they contain relevant business communications.
If a company’s legal team cannot find, preserve and produce text data in real-time, and respond quickly and completely when asked to search and produce specific text messages for discovery events and litigation, the organization may face legal consequences related to data spoliation, missing records, or failure to produce requested data—not to mention high legal fees.