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Would secure-wiping the phone if involved in a legal discovery process be considered destruction of evidence?

Does your advice apply when you're only using, say Exchange, as your only entry point (e.g. on iOS devices?) - in this case, all discovery can be done server-side.

I find it hard pressed to think this issue hasn't been covered more rigorously.




Part of my argument is that, when you as an individual are on one end of an argument about this with a substantial business/corporation and/or the government, you are going to have a rather difficult time, regardless of what is "right" and "lawful".

Better to be able to hand the device over and say, "Have at it."

Also, if there is some breach of security and a question about whether you facilitated it, through activity or through negligence, better to be able to say/demonstrate to the other party: "It's the organization's device, and the organization's / the organization's IT department's responsibility to maintain it."


Would secure-wiping the phone if involved in a legal discovery process be considered destruction of evidence?

Yes, if it's not part of a routine process.


If you are already in litigation there is almost always a litigation hold, and you can't even wipe it as part of a routine process.


However if prior to receiving notice of the hold you'd wiped it as part of a documented data retention policy, odds are far smaller of falling afoul of legal process.

Sudden change of policy in conjunction with other shady events, harder time.




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