Protecting the confidentiality, integrity, and availability of ESI in investigations and litigation in the Asia Pacific region

In the field of information security, the “CIA” principle, i.e., confidentiality, integrity, and availability, is a well-known and basic principle. However, in investigations or litigation involving electronically stored information (ESI), especially in cross-border or Asia-Pacific (APAC) cases, this principle is often overlooked.

Challenges in the Asia-Pacific region

Companies in the Asia Pacific region face many challenges when preparing for investigations or litigation. This includes not only the exponential growth of data sources, but also the difficulty of determining which data is relevant to the case. In the current competitive business environment, the large amount of data stored by companies in the Asia Pacific region often requires special handling to protect personal privacy information and corporate intellectual property.

Many Asia Pacific companies have adopted strict security measures to prevent information leakage. Although these measures can effectively protect internal company information, they also make it difficult for law firms and service providers to collect and produce data required for litigation. For example, some companies prohibit the outflow of data or encrypt data. In addition, local regulatory requirements may restrict data from leaving the local area/jurisdiction unless some degree of review has been conducted in advance.

Coping strategies

To address these challenges, hiring a consultant or service provider with local experience is a key step. In the Asia Pacific region, digital forensics and e-discovery are still relatively new fields, and there are not many experienced service providers. However, a few professional service providers, such as TLS, are able to provide local support and send technical teams to use customized mobile technology to meet the individual needs of customers.

Every situation is unique, but with the right advice and expertise, most challenges can be overcome. The key is to develop a detailed plan before launching any collection activities for an investigation or litigation. Through a one-time collaboration, a suitable vendor or process playbook can be created. This ability to use the latest technology in the field can be easily achieved with the guidance of third-party service providers and consultants.

The importance of preparation

Most importantly, do not respond hastily when you receive a request for information. It is crucial to seek professional advice and solutions in a timely manner. By using the right technology and experienced service providers, ensuring that source data always complies with IT security policies and procedures, and only exporting documents related to the case, you can meet the needs of the case while protecting the security and integrity of the data.

As digitalization and cross-border cooperation accelerate in the Asia-Pacific region, companies need to continuously improve their awareness of ESI processing and adopt best practices to ensure their competitiveness in international legal matters.

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