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Electronically stored information meaning

What does Electronically stored information mean?
In legal practice, electronically stored information (ESI) means digital information that may need to be preserved, searched, reviewed and produced for disclosure, e-disclosure/e-discovery, regulatory investigations or data access requests. It covers emails and attachments, documents, spreadsheets, PDFs, instant messages (SMS, WhatsApp and collaboration tools), databases, social media content, audio, video, logs, metadata, backups, cloud and mobile data. In England and Wales, the Civil Procedure Rules treat such material as electronic documents (see CPR and PD 57AD). Scotland and Northern Ireland take the same broad approach. In Ireland, the Rules of the Superior Courts recognise electronic data as discoverable. The phrase ESI is descriptive rather than a defined statutory term. Key legal features include metadata and system data, deleted but recoverable material, multiple versions, and location-agnostic storage (servers, cloud, removable media). Practical significance: issue legal holds when litigation is contemplated; conduct reasonable and proportionate searches; agree scope and production format (native, PDF, text with load files); protect confidentiality, privilege and personal data in line with UK GDPR/GDPR and the Data Protection Acts 2018; maintain chain of custody to minimise risk of loss allegations and sanctions.
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NEWS
AI in eDisclosure: from TAR 2.0 to LLMs, practical adoption, costs and PD 57AD compliance in England and Wales

Entering the prompt into CoPilot returned compelling ideas I hadn’t envisaged when shaping this article’s structure. It’s another clear use case for idea generation within artificial intelligence. AI can rapidly distil extensive information, viewpoints and inventive approaches that people might not instinctively explore. By surfacing unlikely connections and a diversity of perspectives, it fuels innovation and pushes thinking beyond familiar patterns. eDisclosure history eDisclosure has experienced a significant shift, driven chiefly by AI’s rise and by the swelling volume and complexity of data. A linear style of review was once routine in the legal sector, trawling through immense collections rife with redundant and non-responsive material. Clients reviewed hard copy documents, concealing privilege with a black marker. The growth of electronically stored information (ESI) has created substantial challenges for organisations in every industry, particularly within legal proceedings and the disclosure process. eDisclosure teams frequently worked on-site, preserving copies of data from physical devices such as laptops and from on-premises Exchange servers...

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View the related Practice Notes about Electronically stored information

PRACTICE NOTES
Electronic Disclosure in Civil Litigation: Duties, Processes and Case Law under CPR 31 and PD 31B (England and Wales)

This Practice Note explains what electronic disclosure means and outlines the core tasks involved when handling electronic, or e‑disclosure, namely planning, collaboration, identification, preservation, collection, review and disclosure. It also addresses the approach to e‑disclosure at trial. ‘Electronic disclosure’ concerns the management of substantial volumes of electronically stored information (ESI), arising in a pre‑action or post‑issue setting. A sound grasp of e‑documents, e‑disclosure and your duties under CPR PD 31B (where applicable) is vital. For guidance on these aspects of disclosure, see the following Practice Notes: Disclosure in multi-track cases Case management—compliance Note: This Practice Note does not address the disclosure scheme operating in the Business and Property Courts. For relevant guidance, see: Disclosure Scheme (Business & Property Courts)—overview. Principal sources of information Key sources on the process are: CPR 31 Practice Direction 31B concerning electronic documents The EDQ (Electronic Documents Questionnaire annexed to PD31B) Additionally, the following is useful: ...

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PRACTICE NOTES
Electronic disclosure in international arbitration: planning, scope, metadata and technology, with guidance from IBA Rules, CPR PD 57AD/31B, ICC/LCIA/CIArb/ICDR/Prague Rules, and data protection considerations

How electronic disclosure is used in arbitration There is no single mandatory framework governing e-disclosure in arbitration. This aligns with the overarching principle that arbitral procedure remains adaptable, and that the tribunal is empowered to set the evidential rules in each individual case, subject to any agreement between the parties. As electronically stored information (ESI) will typically comprise a large share of the material in many arbitrations, careful planning is required to manage and deploy it throughout the proceedings so that parties can present their cases effectively without the exercise of producing the evidence becoming unduly burdensome. Note: in arbitration the phrase ‘document production’ is more commonly used than ‘disclosure’, although ‘e-disclosure’ is frequently applied in both senses and contexts. Ordinarily, parties in arbitration provide at an early stage the documents on which they rely. The opposing side may then seek any additional documents they wish to inspect, and any disagreement about whether such material should be produced is put before the tribunal for determination and resolution...

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PRACTICE NOTES
UK Companies Act 2006 company records: members’ resolutions and directors’ minutes; retention, evidential status, SAIL location, inspection rights and copying fees

Company records The Companies Act 2006 (CA 2006) imposes specific duties on companies to keep particular records. Company records cover any: register index accounting records agreement memorandum minutes other documents required by the CA 2006 (or its predecessors) register of debenture holders A company may hold its registers in paper or electronic form, so long as statutory conditions are satisfied; for instance, if stored electronically they must be capable of being reproduced as a hard copy and safeguards should exist to protect against falsification. This Practice Note focuses on keeping records of shareholders’ and directors’ meetings. For information about a company’s registers, see Practice Notes: Company records—a company’s statutory registers and Company records—a company’s non‑statutory registers. Members' resolutions and meetings Records of resolutions, meetings and decisions of the sole member All companies are required to keep: copies of all members’ resolutions passed other than at general meetings minutes...

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