THE LAWYERS WEEKLY
February 3, 2012 | 25
Continued From Page 24
employees, and all parties understand that the owner of the devices also
owns the data on them.
However, some companies subsidize employees who purchase devices,
understanding they’ll be used for both business and personal reasons. The
mixture of personal and business records on these devices makes for a
tangled ownership web.
“If the owner of a smartphone takes photos of his girlfriend, who owns
those pictures?” Lo asks. He adds that the answer isn’t clear in every case.
But companies can take steps to minimize their exposure to liability.
Security and file management policies can now include:
Advise clients to regularly purge records according to their records
retention policy. Such systems can be set to overwrite sections of
storage media that previously contained information. (While
tech wizards have ways of retrieving purged data, their services
can be expensive. Generally, courts accept that documents are
gone if deleted according to a documented, legitimate data-handling policy.)
“You can minimize the cost of discovery if you adhere to
your deletion schedule,” says Susan Nickle, co-founder of
Wortzman Nickle Professional Corp.
Software such as Adobe Audition can create a “noise
print” and remove a segment of sound from an audio recording. “It’s like having a conversation with street noise, and closing the door to shut out the street noise,” explains Colin Smith,
senior solutions architect for Adobe Systems Inc. He adds that the
effect is easy to undo, so it’s non-destructive.
Similar tools let you “clarify” photos and video as well. That said,
companies such as Nexidia want to work with original files only,
warts and all.
See Multimedia Page 26