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Portable data storage media meaning

What does Portable data storage media mean?
Physical, removable devices used to store and transport electronic data in legal practice, including CD-ROMs, DVDs, USB drives/memory sticks, SD cards, external hard drives and portable SSDs. The term is descriptive rather than defined in legislation or case law, and is often used interchangeably with “removable media” across data protection, information governance, e-disclosure/eDiscovery and digital forensics. Because these devices are easily lost, copied or taken offsite, their use engages duties of confidentiality, legal professional privilege and information security. Handling personal data on portable media must comply with the UK GDPR and the Data Protection Act 2018 (UK), and in Ireland with the GDPR and the Data Protection Act 2018 (Ireland). Regulators (e.g., the ICO and the DPC) typically expect encryption, access controls, logging, and data minimisation. Typical practice points: restrict or disable use by policy; encrypt at rest and in transit; maintain an asset register; record chain of custody; preserve potential evidence using forensic imaging and hashing; use write-blockers; and ensure secure erasure or destruction at end of retention. Across England & Wales, Scotland, Northern Ireland and Ireland, usage and risks are broadly consistent, subject to any local court or regulator guidance on format, disclosure and transmission.
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View the related Practice Notes about Portable data storage media

PRACTICE NOTES
Preserving Documents and ESI for Disclosure: CPR 31/PD 31B Duties, Devices, Social Media/WhatsApp, and Sanctions for Breach (England and Wales)

This Practice Note outlines the duties under Practice Direction 31B, para 7, triggered when litigation is in prospect, regarding the preservation of documents, together with the implications and factors to weigh for particular aspects of disclosure, including the handling of back-up tapes, computers, notebooks, laptops, portable storage media and handheld devices, as well as social media accounts. It also considers the potential repercussions of failing to retain disclosable material, and the practical issues that may arise. Note: this Practice Note does not address the disclosure scheme in the Business and Property Courts, where preservation obligations equally apply. For that guidance, see: Disclosure Scheme (Business & Property Courts)—overview. Obligations CPR PD 31B, which governs disclosure of electronic documents, expressly requires a legal adviser, as soon as they are instructed to deal with a dispute likely to be, or already, allocated to the multi-track, to advise their client immediately to preserve disclosable documents. In any case, establishing procedures to ensure potentially disclosable material is retained is prudent wherever you would...

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