Interview: Spoliation of Digital Evidence

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Spoliation refers to the deletion of data or records that could be used as evidence in a trial. In modern litigation, spoliation of digital evidence is a significant concern.

So what can be done if digital evidence – emails, text messages, security footage, location tracking information – suddenly goes missing? Can it be recovered?

We spoke to Allegra Carpenter, whose article on the subject – “Spoliation in the Digital Age” – was published earlier this year in Trial Magazine. She explains what happens if someone tries to erase or hide digital data, and how it could potentially be recovered.

Topics covered in this video:

  • What is spoliation, and how has it changed in the modern, digital age?
  • Why is spoliation important for premises liability cases?
  • Are businesses legally required to save their security footage for a certain amount of time?
  • Is a store allowed to delete old security footage?
  • How can someone injured on a property force the store to keep the video footage?
  • Can someone write their own preservation of evidence letter?
  • What kind of electronic evidence needs to be preserved?
  • What can an injured person do if the evidence is already deleted?
  • Does filing the case in state vs federal court make a difference?
  • What’s important to remember about evidence spoliation?

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.