Jason Atchley : International eDiscovery Standards

jason atchley

International E-Discovery Standards Moving Forward

The American Bar Association, Section of Science & Technology Law, E-Discovery and Digital Evidence Committee recently provided an update on international e-discovery standards development efforts.

Mark Michels, Law Technology News

February 10, 2014    |0 Comments

At the American Bar Association, Section of Science & Technology Law, E-Discovery and Digital Evidence (EDDE) Committee’s National Institute in Tampa, Fla., Eric Hibbard provided an update on international e-discovery standards development efforts. Hibbard is coordinating the U.S. response and contributions as well as serving as a member of the International Organization for Standardization editing team that is developing international e-discovery standards. Hibbard is also an EDDE co-chair and the CTO of security and privacy at Hitachi Data Systems. Hibbard reported that the next significant event in the standards development process is a meeting among the international participants in Hong Kong on April 14-15.  
Law Technology News first reported on this international standards effort in the April 30, 2013 article “International Standard Project for E-Discovery Approved,” written by Steven Teppler,   EDDE co-chair and attorney at the Abbot Law Group, P.A.
During the Tampa EDDE Institute Teppler said: “I am proud that the ABA SciTech Electronic Discovery and Digital Evidence Committee has been one of the driving forces behind the U.S. initiative to develop international electronic discovery standards. The ISO standard work has been a featured topic during our recent annual National Institutes and Committee meetings.  EDDE Committee members have been providing substantial input to the standards development process.”


The ISO, a non-governmental organization, is made up of members from the national standards bodies of 164 countries. The American National Standards Institute (ANSI) is the U.S. ISO member.  Under ANSI’s auspices, the International Committee for Information Technology Standards (INCITS) serves as the U.S. Technical Advisory Group (TAG) to JTC 1 and INCITS Cyber Security Technical Committee (CS1) has been delegated responsibility to interface with SC 27.
Interested U.S. parties can formally join INCITS CS1 and its Storage and Evidence Ad Hoc Committee, which is developing and coordinating the U.S. response.  As a participant in CS1 a member will have full voting rights in the process.  Alternatively, interested parties may participate informally in the Storage and Evidence Ad Hoc Committee by subscribing to the Google group cs1-us-ediscovery-edit-group+subscribe@googlegroups.com and alerting the group of their interest.  Due to copyright restrictions imposed by the ISO, the documents cannot be freely distributed, but participants will be given access to the drafts.
Hibbard acknowledged that the international standards-making process can be somewhat daunting.  According to Hibbard “the legal and technology issues associated with electronic discovery and the proper handling of ESI—all within the context of an international setting—makes the development of this standard a real challenge, but one that could be very beneficial to the U.S. and multi-national organizations that do business in the United States.”


ISO, in conjunction with the International Electrotechnical Commission (IEG),  Joint Technical Committee (JTC) No. 1, Information Technology, Subcommittee (SC) No.27Security Techniques, initiated the  process for standard ISO/IEC 27050, Information Technology—Security techniques—Electronic Discovery in April 2013.
Hibbard said that, “the U.S. submitted 100MB of materials to SC27 in response to the first standard draft.  These materials included the Seventh Circuit’s Pilot Program, Electronic Discovery Reference Model materials, the New York Bar Association Best Practices in E-Discovery, and the DOJ Recommendations for ESI Discovery Production in Federal Criminal Cases.  These materials played a major role in developing the most recent round of drafts.”
In October 2013, SC27 decided to subdivide the project and to continue development as a multipart standard:
ISO/IEC 27050-1, Information technology – Security techniques – Electronic discovery – Part 1: Overview and concepts.
ISO/IEC 27050-2, Information technology – Security techniques – Electronic discovery – Part 2: Guidance for governance and management of electronic discovery.
ISO/IEC 27050-3, Information technology – Security techniques – Electronic discovery – Part 3: Code of Practice for electronic discovery.
ISO/IEC 27050-4, Information technology – Security techniques – Electronic discovery – Part 4: ICT readiness for electronic discovery.
SC27 will next meet in Hong Kong on April 14-15 and discuss the comments on the draft standards.  National Bodies must submit their materials to SC27 by March 15.  The National Bodies received drafts of the four proposed standards during the week of January 20.  INCITS Technical Committee CS1 is managing the U.S. process and expects to complete its efforts by March 6 so that the results can be sent to SC27 by the March 15 due date, Hibbard reported.
Mark Michels is a director in Deloitte Transactions and Business Analytics LLP, specializing in e-discovery. Email: mmichels@deloitte.com.

Read more: http://www.lawtechnologynews.com/id=1202642378110/International-E-Discovery-Standards-Moving-Forward#ixzz2tbAooboU

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