Befuddled by BYOD? The Sedona Conference Has a New Set of Principles to Guide You: eDiscovery Best Practices

Doug Austin | February 12, 2018

Many organizations are permitting (or even encouraging) their employees to use their own personal devices to access, create, and manage company related information – a practice commonly referred to as Bring Your Own Device (BYOD).  But, how can those organizations effectively manage those BYOD devices to meet their discovery obligations?  To help with that issue, The Sedona Conference® (TSC) has published an initial Public Comment Version of a Commentary to help.

In late January, TSC and its Working Group 1 on Electronic Document Retention and Production (WG1) rolled out the Public Comment version of its Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations.  The Commentary is designed to help organizations develop and implement workable – and legally defensible – BYOD policies and practices. This Commentary also addresses how creating and storing an organization’s information on devices owned by employees impacts the organization’s discovery obligations.  It focuses specifically to mobile devices that employees “bring” to the workplace (not on other “BYO” type programs) and does not specifically address programs where the employer provides the mobile device.

The Commentary begins with five principles related to the use of BYOD programs and continues with commentary for each.  Here are the five principles:

  • Principle 1: Organizations should consider their business needs and objectives, their legal rights and obligations, and the rights and expectations of their employees when deciding whether to allow, or even require, BYOD.
  • Principle 2: An organization’s BYOD program should help achieve its business objectives while also protecting both business and personal information from unauthorized access, disclosure, and use.

Continue reading on the JDSUPRA site.


Doug Austin

Doug Austin is the Vice President of Products and Professional Services for CloudNine. Doug has over 25 years’ experience providing legal technology consulting and technical project management services to numerous commercial and government clients and has provided technology and consulting services on several large enterprise-wide litigations. He is responsible for managing corporation operations and as well as guiding all professional services assistance for clients of CloudNine. Prior to joining CloudNine, Doug served as project and platform manager for a large electronic discovery provider for over eleven years. Doug has a Bachelor of Business Administration degree from Baylor University with a concentration in computer information systems.
Doug is also the editor of the CloudNine sponsored e-Discovery Daily blog, which has become a trusted resource for e-Discovery news and analysis and is an EDRM Education partner. Since its inception in 2010, e-Discovery Daily has published over 1,350-lifetime posts regarding e-Discovery case law, trends and best practices, which has included case law for over 300 unique cases.




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