E-discovery adds a new dimension to UTSA records retention guidelines. New e-discovery rules became effective in December 2006 with the modification of the Federal Rules of Civil Procedures and have already impacted UTSA.  What is e-discovery? Here is a definition from SearchSecurity.com: “electronic discovery (also called e-discovery or ediscovery) refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case.”

E-discovery refers to all types of electronically stored information (ESI).  ESI includes emails, database archives, instant message (IM) logs, words documents, scanned documents, and flash memory such as “thumb” or “flash” drives.  This is the broad description but simply stated ESI can include text, images, calendar files, spreadsheets, audio files, Web sites, deleted files, and computer programs. 

E-discovery requests can involve massive amounts of electronic data.  An e-discovery
request usually results in considerably more information than the old paper discovery records.  E-discovery means that critical records for civil or criminal discovery are no longer stored in cardboard boxes in a corner of a file or storage closet.  Discovery for paper records can be a cumbersome process as months may be needed to review large amounts of papers to determine which documents are pertinent to the discovery request. Recovering e-discovery records can be a much easier process when the right document search and retrieval technology is in place. E-discovery requires an organization to “capture and hold” electronic information from a specified timeframe to meet a court order for e-discovery of records. The IT departments of many organizations have increasingly become important players for maintaining ESI records.

UTSA Records Retention guidelines state “a University record may not be destroyed if any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the record is initiated before the expiration of a retention period for the record set in the approved Records Retention Schedule of the University of Texas at San Antonio until the completion of the action and the resolution of all issues that arise from it, or until the expiration of the retention period, whichever is later.”  This guideline also applies to e-discovery. 

Need more information about UTSA Records Retention guidelines?  Go to  http://www.utsa.edu/pds/records/index.cfm.