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Synchronizing Legal Hold Requirements With Consumer Requests for Data Deletion
The biggest challenge with any legal hold process is ensuring that potentially relevant data is actually preserved. There are myriad routes you can take to ensure defensible preservation of data, starting with the following three options:
- Preservation by Legal Hold
- Preservation by In-Place Preservation (aka, locking down data in place)
- Preservation by Collection
But with evolving requirements for how data is managed by new data privacy laws like the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), it's become harder to secure data by simply sending a legal hold and assuming the custodian will do their duty to preserve it.
Data Privacy Laws Pose New Risks to Defensible Preservation Practices
Key features of the CCPA and GDPR grant consumers and employees unprecedented rights — including the right to request to know what data a business holds on them and ask that it be deleted. But what if that data requested under these regulations is already required to be saved under a legal hold?
Obviously, deleting data that is this potentially relevant to anticipated or pending litigation (civil or criminal) can have devastating consequences. Therefore, it's imperative that e-discovery professionals collaborate with their privacy colleagues on processes for harmonizing their organizational legal hold obligations with these conflicting data privacy regulations.
The question becomes, "how do you go about squaring a customer exercising their right to have data deleted with the litigation requirements that that same information be saved?"
How to Harmonize Legal Holds with Data Privacy Requirements
Considering the speed at which many privacy professionals are trying to, in many cases, delete data (45 days, as required by the CCPA, or 30 days, as required by the GDPR), it's not hard to see how mistakes can happen if processes aren't connected and people aren't communicating across the legal department.
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