Preservation vs. Collection

Legal and compliance teams often use preservation and collection as if they mean the same thing, but the reality is that they are very different concepts. If your compliance team does not know the difference, you could be facing unnecessary costs and the potential for legal consequences as well.

When you understand data preservation vs. collection and why the distinction matters more than you think, you can build a process that protects your organization and keeps eDiscovery on track.

What Is Data Preservation?

To understand the distinction between data preservation and collection, you should know that preservation begins when you reasonably expect litigation or a regulatory inquiry. At that point, your organization must stop routine deletion and secure relevant data in place. The goal is simple: keep information from changing or disappearing.

Preservation applies across all of your systems, from email to shared drives and even your corporate website. At this stage, you are just making sure everything stays in place, but you are not doing anything with the data yet.

What matters is that your preservation process is defensible. You need to be able to show regulators or attorneys your process for how you collect, store, and safeguard all of your data, and failing to do so can have serious consequences.

What Is Data Collection?

Before you can preserve data, you will need to collect it. This step often includes exporting files, pulling chat histories, and capturing web content. The unfortunate reality is that this task can be challenging without the right software tools, given how many different channels of communication an organization might have.

A good collection process keeps data intact. It preserves metadata, maintains context, and avoids changes that could raise questions later. If your collection alters the data, you may face challenges about authenticity. When it comes to data preservation vs. collection, understanding the distinction matters.

Major Differences Between Data Preservation and Collection

Although preservation and collection are closely related, they serve different purposes in the eDiscovery process.

Collection focuses on:

• Gathering preserved data from relevant systems and custodians
• Narrowing the data based on the scope of the matter
• Preparing information for processing, review, and production
• Maintaining the integrity and chain of custody throughout the collection process

Preservation focuses on:

• Preventing deletion or modification of relevant data
• Suspending routine retention and deletion policies when necessary
• Protecting metadata and maintaining the original state of information
• Securing data in place until it is needed

A successful eDiscovery strategy begins with proper preservation and then moves to a targeted collection. Treating these steps as separate but connected processes will help your organization make discovery more efficient while reducing your risks.

Common Pitfalls To Avoid

Many organizations fall into the same traps. They issue a legal hold but fail to include collaboration tools or dynamic websites. Data continues to change even though the hold is in place. These seemingly small errors can lead to major problems after a lawsuit has been filed.

Others jump straight to collection. They export emails and files without preserving the source systems. This approach may miss edits, deletions, or linked content that provide context. There needs to be a comprehensive process for data preservation and collection, and your compliance staff needs to know how to follow it.

Building a Defensible Workflow

A defensible workflow is a documented, repeatable process for preserving and managing your organization’s digital data. When your workflow is defensible, it shows that your organization followed consistent procedures to protect its relevant data and maintain its integrity. This matters because it reduces the risk of sanctions, spoliation claims, and disputes over the authenticity of evidence in the leadup to litigation.

A strong workflow gives your organization the ability to comply with legal holds and regulations while it collects data and preserves it. One useful tool during this process is a data map. A data map identifies where information lives and how it moves across systems. When you issue a legal hold, use this map to ensure the hold covers those sources and confirm that preservation is active.

Next, define your collection scope. Focus on the claims, defenses, and key issues in the matter. Use that scope to decide what you collect and how you comply with regulatory requests. During this process, it is vital to document every step your organization takes.

How Chronicle Supports Preservation and Collection Efforts

The right technology helps you manage preservation and collection without confusion. When you rely on Hanzo Chronicle, you know your compliance staff has what it needs to preserve, collect, and secure all of the relevant data across your organization’s various channels.

Hanzo Chronicle supports preservation by capturing websites and digital content as they change. It preserves content dynamically, so you can show how information appeared at specific points in time. This helps protect data before you decide what to collect. Reach out to learn more about data preservation vs. collection and why the distinction matters more than you think.