ISO/IEC 27050-3:2020
(Main)Information technology — Electronic discovery — Part 3: Code of practice for electronic discovery
Information technology — Electronic discovery — Part 3: Code of practice for electronic discovery
This document provides requirements and recommendations on activities in electronic discovery, including, but not limited to, identification, preservation, collection, processing, review, analysis and production of electronically stored information (ESI). In addition, this document specifies relevant measures that span the lifecycle of the ESI from its initial creation through to final disposition. This document is relevant to both non-technical and technical personnel involved in some or all of the electronic discovery activities. It is important to note that the user is expected to be aware of any applicable jurisdictional requirements.
Technologies de l'information — Découverte électronique — Partie 3: Code de pratique pour la découverte électronique
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INTERNATIONAL ISO/IEC
STANDARD 27050-3
Second edition
2020-01
Information technology — Electronic
discovery —
Part 3:
Code of practice for electronic
discovery
Technologies de l'information — Découverte électronique —
Partie 3: Code de pratique pour la découverte électronique
Reference number
©
ISO/IEC 2020
© ISO/IEC 2020
All rights reserved. Unless otherwise specified, or required in the context of its implementation, no part of this publication may
be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying, or posting
on the internet or an intranet, without prior written permission. Permission can be requested from either ISO at the address
below or ISO’s member body in the country of the requester.
ISO copyright office
CP 401 • Ch. de Blandonnet 8
CH-1214 Vernier, Geneva
Phone: +41 22 749 01 11
Fax: +41 22 749 09 47
Email: copyright@iso.org
Website: www.iso.org
Published in Switzerland
ii © ISO/IEC 2020 – All rights reserved
Contents Page
Foreword .v
Introduction .vi
1 Scope . 1
2 Normative references . 1
3 Terms and definitions . 1
4 Abbreviated terms . 1
5 Electronic discovery background . 1
6 Electronic discovery requirements and guidance . 3
6.1 Overview . 3
6.1.1 Structure of materials describing the process elements . 3
6.1.2 Cross-cutting aspects . 3
6.2 ESI identification . 4
6.2.1 Overview of ESI identification . 4
6.2.2 Objectives for ESI identification . 4
6.2.3 Considerations to avoid failures . 4
6.2.4 Requirements for ESI identification . 5
6.2.5 Guidance for ESI identification . 6
6.3 ESI preservation . 7
6.3.1 Overview of ESI preservation . 7
6.3.2 Objectives for ESI preservation . 7
6.3.3 Considerations to avoid failures . 7
6.3.4 Requirements for ESI preservation . 9
6.3.5 Guidance for ESI preservation .10
6.4 ESI collection .10
6.4.1 Overview of ESI collection .10
6.4.2 Objectives for ESI collection .10
6.4.3 Considerations to avoid failures .11
6.4.4 Requirements for ESI collection .13
6.4.5 Guidance for ESI collection .13
6.5 ESI processing .14
6.5.1 Overview of ESI processing .14
6.5.2 Objectives for ESI processing .14
6.5.3 Considerations to avoid failures .15
6.5.4 Requirements for ESI processing .16
6.5.5 Guidance for ESI processing .17
6.6 ESI review .17
6.6.1 Overview of ESI review .17
6.6.2 Objectives for ESI review .17
6.6.3 Considerations to avoid failures .18
6.6.4 Requirements for ESI review .19
6.6.5 Guidance for ESI review.20
6.7 ESI analysis .21
6.7.1 Overview of ESI analysis .21
6.7.2 Objectives for ESI analysis .21
6.7.3 Considerations to avoid failures .21
6.7.4 Requirements for ESI analysis .22
6.7.5 Guidance for ESI analysis.23
6.8 ESI production .23
6.8.1 Overview of ESI production .23
6.8.2 Objectives for ESI production .23
6.8.3 Considerations to avoid failures .23
6.8.4 Confirm forms of production .25
© ISO/IEC 2020 – All rights reserved iii
6.8.5 Requirements for ESI production .25
6.8.6 Guidance for ESI production .26
Bibliography .27
iv © ISO/IEC 2020 – All rights reserved
Foreword
ISO (the International Organization for Standardization) and IEC (the International Electrotechnical
Commission) form the specialized system for worldwide standardization. National bodies that
are members of ISO or IEC participate in the development of International Standards through
technical committees established by the respective organization to deal with particular fields of
technical activity. ISO and IEC technical committees collaborate in fields of mutual interest. Other
international organizations, governmental and non-governmental, in liaison with ISO and IEC, also
take part in the work.
The procedures used to develop this document and those intended for its further maintenance are
described in the ISO/IEC Directives, Part 1. In particular, the different approval criteria needed for
the different types of document should be noted. This document was drafted in accordance with the
editorial rules of the ISO/IEC Directives, Part 2 (see www .iso .org/ directives).
Attention is drawn to the possibility that some of the elements of this document may be the subject
of patent rights. ISO and IEC shall not be held responsible for identifying any or all such patent
rights. Details of any patent rights identified during the development of the document will be in the
Introduction and/or on the ISO list of patent declarations received (see www .iso .org/ patents) or the IEC
list of patent declarations received (see http:// patents .iec .ch).
Any trade name used in this document is information given for the convenience of users and does not
constitute an endorsement.
For an explanation of the voluntary nature of standards, the meaning of ISO specific terms and
expressions related to conformity assessment, as well as information about ISO's adherence to the
World Trade Organization (WTO) principles in the Technical Barriers to Trade (TBT) see www .iso .org/
iso/ foreword .html.
This document was prepared by Technical Committee ISO/IEC JTC 1, Information technology,
Subcommittee SC 27, Information security, cybersecurity and privacy protection.
This second edition cancels and replaces the second edition (ISO/IEC 27050-3:2017), which has been
technically revised.
The main changes compared to the previous edition are as follows:
— the title has been updated;
— the publication date of ISO/IEC 27050-1 has been updated.
A list of all parts in the ISO/IEC 27050 series can be found on the ISO website.
Any feedback or questions on this document should be directed to the user’s national standards body. A
complete listing of these bodies can be found at www .iso .org/ members .html.
© ISO/IEC 2020 – All rights reserved v
Introduction
This document provides requirements and recommendations associated with the electronic discovery
process elements described in ISO/IEC 27050-1. The requirements and recommendations are expected
to be useful for both technical and non-technical personnel involved in some or all of the electronic
discovery activities. Additional materials are provided to help organizations better understand the
objectives associated with each electronic discovery process element and considerations to avoid
failures, which can mitigate risk and expense if electronic discovery becomes an issue.
Electronic discovery often serves as a driver for investigations, as well as evidence acquisition and
handling activities (covered in ISO/IEC 27037). In addition, the sensitivity and criticality of the data
sometimes necessitate protections like storage security to guard against data breaches (covered in
ISO/IEC 27040).
vi © ISO/IEC 2020 – All
...
INTERNATIONAL ISO/IEC
STANDARD 27050-3
Second edition
2020-01
Information technology — Electronic
discovery —
Part 3:
Code of practice for electronic
discovery
Technologies de l'information — Découverte électronique —
Partie 3: Code de pratique pour la découverte électronique
Reference number
©
ISO/IEC 2020
© ISO/IEC 2020
All rights reserved. Unless otherwise specified, or required in the context of its implementation, no part of this publication may
be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying, or posting
on the internet or an intranet, without prior written permission. Permission can be requested from either ISO at the address
below or ISO’s member body in the country of the requester.
ISO copyright office
CP 401 • Ch. de Blandonnet 8
CH-1214 Vernier, Geneva
Phone: +41 22 749 01 11
Fax: +41 22 749 09 47
Email: copyright@iso.org
Website: www.iso.org
Published in Switzerland
ii © ISO/IEC 2020 – All rights reserved
Contents Page
Foreword .v
Introduction .vi
1 Scope . 1
2 Normative references . 1
3 Terms and definitions . 1
4 Abbreviated terms . 1
5 Electronic discovery background . 1
6 Electronic discovery requirements and guidance . 3
6.1 Overview . 3
6.1.1 Structure of materials describing the process elements . 3
6.1.2 Cross-cutting aspects . 3
6.2 ESI identification . 4
6.2.1 Overview of ESI identification . 4
6.2.2 Objectives for ESI identification . 4
6.2.3 Considerations to avoid failures . 4
6.2.4 Requirements for ESI identification . 5
6.2.5 Guidance for ESI identification . 6
6.3 ESI preservation . 7
6.3.1 Overview of ESI preservation . 7
6.3.2 Objectives for ESI preservation . 7
6.3.3 Considerations to avoid failures . 7
6.3.4 Requirements for ESI preservation . 9
6.3.5 Guidance for ESI preservation .10
6.4 ESI collection .10
6.4.1 Overview of ESI collection .10
6.4.2 Objectives for ESI collection .10
6.4.3 Considerations to avoid failures .11
6.4.4 Requirements for ESI collection .13
6.4.5 Guidance for ESI collection .13
6.5 ESI processing .14
6.5.1 Overview of ESI processing .14
6.5.2 Objectives for ESI processing .14
6.5.3 Considerations to avoid failures .15
6.5.4 Requirements for ESI processing .16
6.5.5 Guidance for ESI processing .17
6.6 ESI review .17
6.6.1 Overview of ESI review .17
6.6.2 Objectives for ESI review .17
6.6.3 Considerations to avoid failures .18
6.6.4 Requirements for ESI review .19
6.6.5 Guidance for ESI review.20
6.7 ESI analysis .21
6.7.1 Overview of ESI analysis .21
6.7.2 Objectives for ESI analysis .21
6.7.3 Considerations to avoid failures .21
6.7.4 Requirements for ESI analysis .22
6.7.5 Guidance for ESI analysis.23
6.8 ESI production .23
6.8.1 Overview of ESI production .23
6.8.2 Objectives for ESI production .23
6.8.3 Considerations to avoid failures .23
6.8.4 Confirm forms of production .25
© ISO/IEC 2020 – All rights reserved iii
6.8.5 Requirements for ESI production .25
6.8.6 Guidance for ESI production .26
Bibliography .27
iv © ISO/IEC 2020 – All rights reserved
Foreword
ISO (the International Organization for Standardization) and IEC (the International Electrotechnical
Commission) form the specialized system for worldwide standardization. National bodies that
are members of ISO or IEC participate in the development of International Standards through
technical committees established by the respective organization to deal with particular fields of
technical activity. ISO and IEC technical committees collaborate in fields of mutual interest. Other
international organizations, governmental and non-governmental, in liaison with ISO and IEC, also
take part in the work.
The procedures used to develop this document and those intended for its further maintenance are
described in the ISO/IEC Directives, Part 1. In particular, the different approval criteria needed for
the different types of document should be noted. This document was drafted in accordance with the
editorial rules of the ISO/IEC Directives, Part 2 (see www .iso .org/ directives).
Attention is drawn to the possibility that some of the elements of this document may be the subject
of patent rights. ISO and IEC shall not be held responsible for identifying any or all such patent
rights. Details of any patent rights identified during the development of the document will be in the
Introduction and/or on the ISO list of patent declarations received (see www .iso .org/ patents) or the IEC
list of patent declarations received (see http:// patents .iec .ch).
Any trade name used in this document is information given for the convenience of users and does not
constitute an endorsement.
For an explanation of the voluntary nature of standards, the meaning of ISO specific terms and
expressions related to conformity assessment, as well as information about ISO's adherence to the
World Trade Organization (WTO) principles in the Technical Barriers to Trade (TBT) see www .iso .org/
iso/ foreword .html.
This document was prepared by Technical Committee ISO/IEC JTC 1, Information technology,
Subcommittee SC 27, Information security, cybersecurity and privacy protection.
This second edition cancels and replaces the second edition (ISO/IEC 27050-3:2017), which has been
technically revised.
The main changes compared to the previous edition are as follows:
— the title has been updated;
— the publication date of ISO/IEC 27050-1 has been updated.
A list of all parts in the ISO/IEC 27050 series can be found on the ISO website.
Any feedback or questions on this document should be directed to the user’s national standards body. A
complete listing of these bodies can be found at www .iso .org/ members .html.
© ISO/IEC 2020 – All rights reserved v
Introduction
This document provides requirements and recommendations associated with the electronic discovery
process elements described in ISO/IEC 27050-1. The requirements and recommendations are expected
to be useful for both technical and non-technical personnel involved in some or all of the electronic
discovery activities. Additional materials are provided to help organizations better understand the
objectives associated with each electronic discovery process element and considerations to avoid
failures, which can mitigate risk and expense if electronic discovery becomes an issue.
Electronic discovery often serves as a driver for investigations, as well as evidence acquisition and
handling activities (covered in ISO/IEC 27037). In addition, the sensitivity and criticality of the data
sometimes necessitate protections like storage security to guard against data breaches (covered in
ISO/IEC 27040).
vi © ISO/IEC 2020 – All
...
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