Cloud use can complicate E-Discovery.

• Position: CLOUD COMPUTING

As is true in most cases, people tend to get what they ay for in cloud computing. And, those using free, consumer-grade cloud services for their corporate data may discover that what they are paying nothing for is likely to make e-discovery much more difficult.

In an October 1, 2012, article, zdnet.com published the result of its interviews with various analysts and industry veterans about how the unchecked use of cloud computing is complicating e-discovery efforts. The focus was on the "unruly use and management" of cloud services, exemplified by organizations choosing cloud service providers (CSPs) that have no understanding of compliance requirements and no real plans for backup and orderly retrieval.

Organizations that use consumer-grade cloud services for their corporate data are especially vulnerable to legal complications.

Additionally, when employees store data on these consumer-grade sites and there are no records that track the action, the data may be undiscoverable if that employee leaves the organization.

Analyst Barry Murphy of the E-Discovery Journal Group agrees with the idea of due diligence, specifying that organizations must work closely with CSPs on the e-discovery details and on defining the requirements for defensible collection and preservation.

ARMA International has published a number of resources to guide the decision-making and implementation of cloud computing into an organization's technology infrastructure.

For example, Outsourcing Records Storage to the Cloud highlights a number of factors that should be considered when moving records storage to the cloud, including suggestions for how to mitigate...