Myths About Mobile Device Discovery:
Data from mobile devices isn’t involved in every case. Due to this, it seems as though some of the legal profession tends to believe certain myths about mobile device discovery. Here are four of the most common myths.
Myth #1 – Mobile devices aren’t being used enough to be discoverable
According to a study conducted in October, 68.1% of website visits globally in 2020 were from mobile devices. This was a 63.3% increase from 2019. Desktop website visits only account for 29% of the total. Based on these numbers, it is clear that mobile devices are being used more regularly that desktops and laptops.
Myth #2 – Mobile devices aren’t being used for work
This is completely false especially with many people working from home. Text messages are a common way to reach colleagues when they haven’t responded via email. A text as simple as “did you read my email?” could be discoverable.
Myth #3 – Mobile devices don’t have any data that can’t be collected elsewhere
This is probably the most common myth. Text messages fall into the category of data that can’t be collected from another source. Other types of data that fall into this category are some types of files, photos, videos, phone logs, phone not files, phone voice memos, and geolocation data. It is routine for these types of evident to be relevant in cases.
Myth #3 – Mobile devices are private and not discoverable
The question of privacy is valid especially in BYOD (bring your own device) situations. However, courts have discounted privacy concerns and ordered forensic discovery of mobile devices because of relevance to the case. In most litigation cases, relevancy supersedes privacy. This is why it is also important for companies to have well-defined BYOD policies that all employees understand and sign.
Mobile devices are an every day item. They are also routinely relevant and discoverable; therefore, they should be a consideration in all cases from a discovery standpoint.
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