Understanding the Government CIO?s Outlook in eDiscovery
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Any evidence that is physically not present can be discovered and then shared making use of ediscovery. There can be many things that can count for physically non existent evidence, like emails, instant messages, a blog or something on the internet. The evidence is simply present and the worth it has is intangible as it exists only in the electronic form. In Addition, there have been legal battles before like UBS against Zubulake where even though the intangible evidence was destroyed (like a hard disk being destroyed) but still the court decided to use it as the probability of existence was there.
For example, if the political position of a congressman is compromised because of a letter by his assistant, then court will carry on the case even if the letter was destroyed. The court may decide to believe that such evidence exists. So basically the congressman can be prosecuted based on evidence that does not really exist.
This is a difficult spot for a government CIO (chief information officer). He is responsible for how viable the non existent elements are, and he is more responsible than anyone else. A CEO of a business may also be its electronics officer, and determine the form in which data is to be distributed. But in a government agency, despite being a very high ranking official, the government CIO is still answerable to someone above him, at times the president.
A lot of government agencies have to work in secrecy at times, and considering the fact that if the agency is involved in a court case and sensitive information may be revealed, the CIO has to follow two different sets of instruction. One is from the official above him and the other from the court. This develops a Scylla-and-Charybdis situation for the officer. It is up to the CIO to decide if he wants the ediscovered documents to be given to the court, or whether he wants to keep the government sensitive information safe.
Usually, the government CIO will work in the advantage of his agency and conceal the ediscovered documents and the evidence will be termed as unavailable. But the case will not be considered closed as the court still has the power to go ahead with the case assuming that the evidence may exist. But, it does give an understanding of an information officer?s special dilemma, the higher up in political circles he finds himself. |
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Author Resource:-
The particular government CIO rrs known for a particular job around irs workers; read more in our very own homepage.
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By :
Alen Rowling
Submitted
2011-10-24 04:03:44 |
Article From Article Mayhem
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