Metadata: What is it and Why Does it Matter?

By Karen Jensen-Clark

Data lies within the backbone of every organisation. However equally as crucial is the metadata - the 'data behind the data'. Understanding what metadata is, its significance, associated risks, and the essential context it provides about the primary data, are aspects of fundamental importance for legal professionals.

Metadata is the hidden layer of information that accompanies digital files. It includes identifying details such as sent, created, edited and/or accessed dates and times, the document’s author(s), and previous versions. There are a variety of types of metadata:

• Descriptive metadata: Provides information about content of files, such as titles, keywords, and textual content. It describes the what, when, where and who.
• Structural metadata: Establishes the relationship between objects and information on hierarchical structures in how the data is organised, such as a table of contents and page order.
• Provenance metadata: This supplies helpful information on the origins of a file. It helps track the lifecycle and can include the ownership, transformation the data may have undergone, and usage. Provenance metadata is generated whenever an updated version is created and allows querying the relationship between versions.
• Preservation metadata: Involves documentation of the process of preserving versions of digital assets. Mainly associated with analysis and actions with a file after it is submitted to a repository.
• Administrative metadata: Offers information which is useful in managing files around security, governance, and access controls.

Whilst we would all like a simple route to find, collect and review data, what we often get is a deep ocean of unstructured data. Often, a discovery request includes language demanding "all electronically stored information (ESI) within custody or control pertaining to the matter at hand”.  In the context of eDiscovery, metadata is invaluable for these reasons:

• Searchability and Organisation: Metadata allows for effective searching and sorting of large volumes of data. By using criteria such as dates, keywords, and custodians, legal teams can quickly pinpoint relevant documents.
• Authenticity and Integrity: Metadata helps establish the authenticity of electronic documents. It provides a verifiable chain of custody from preservation through collection, ensuring data has not been altered or tampered with.
• Context and Relevance: Metadata gives context to primary data, aiding in understanding the who, what, when, and where of document creation and modification, which is essential for building a legal case.
• Compliance and Governance: Proper management of metadata is necessary for adhering to data retention policies and regulatory requirements, and reducing risks associated with data breaches or non-compliance.

Metadata constitutes a crucial component of this ESI. During review phases, files lacking accurate metadata present obstacles to effective searching, chronological sorting, and deduplication, thereby impeding the review process itself. Without accurate metadata, this challenge becomes even more daunting, as files cannot be effectively searched, sorted chronologically, or deduplicated, hindering the review process. The absence of accurate metadata for conducting early case assessments and scoping may lead to excessive preservation or collection efforts. Not only does over-preservation and collection incur significant expenses, especially as billable hours accumulate during review, but retaining data that should be purged according to organisational data retention policies heightens future legal risks, including potential breaches and non-compliance with data protection regulations.

One of the most crucial roles metadata can play in litigation is its impact upon the credibility of evidence. While metadata is beneficial, it also poses significant risks in the eDiscovery process if not managed correctly. One of those primary risks is metadata spoliation. Metadata spoliation occurs when metadata is altered or destroyed, either accidentally or intentionally. Once metadata is compromised, the integrity and authenticity of the data comes into question, potentially undermining legal proceedings. The consequences include:

• Loss of evidence: Crucual information which could prove or disprove a case may be lost, leading to an unfavourable outcome.
• Increased costs: Correcting metadata issues can be time consuming and costly, often requiring data specialist and/or forensic analysis to verify or attempt to recover lost metadata.
• Legal sanctions: Courts may impose sanctions upon the parties responsible for the spoliation. This can include fines and/or adverse inferences against the spoliating party.

Metadata spoliation can occur when companies rely upon employees or custodians to self-identify and self-collect ESI which may be responsive. Metadata serves the dual purpose of pinpointing potentially relevant review material through criteria such as date ranges and custodian names, whilst also guaranteeing a secure and verifiable chain of custody from preservation through collection. All subsequent review activities and production phases rest upon the foundation of accurate identification, preservation, and collection of metadata. There is no reversing the effects of metadata spoliation.

Best practices for metadata management in eDiscovery, to mitigate risks, organisations should avoid requesting employees or custodians to perform self-collection tasks. Instead, utilise secure collection tools. Using eDiscovery tools capable of securely and reliably collecting data without altering metadata will preserve the integrity and authenticity of metadata throughout the process. Working with and partnering with established and reputable eDiscovery vendors ensures access to expertise and technology designed to oversee metadata properly. These vendors provide robust solutions for collecting, preserving, and reviewing ESI, minimising the risk of spoliation.

By adopting best practices and leveraging the right tools and vendors, organisations can navigate the complexities of metadata in eDiscovery, ensuring a more efficient, cost-effective, and legally sound process.