India is in the
process of providing of electronic
delivery of services to Indian citizens. Further, there is also a
shift in electronic financial transactions in India whether it
pertains to Internet
banking or mobile
banking. Additional challenges would also arise due to this
digital revolution in India.
E-discovery
services in India have become essential due to growing
dependence upon electronic services in India. Further, white
collor crimes, financial
frauds, IT
and cyber frauds, forensics accounting and auditing and
risk management have further increased the scope of e-discovery
services in India.
E-discovery legal jurisprudence in India is still
evolving. At Perry4Law
and Perry4Law’s
Techno Legal Base (PTLB) we have provided certain techno
legal aspects of e-discovery laws and regulation in India. These
include optical
character recognition (OCR) legal issues India,
e-discovery
for social media in India, data
rooms, legal compliances and merger and acquisitions in India,
virtual
data rooms and legal compliances in India, e-discovery
for cloud computing in India, electronic
discovery (e-discovery) challenges in India, etc.
In e-discovery and OCR procedure, the role of a
technology
lawyers and ICT
law firm is very important. No organisation or individual
engaged in the e-discovery or ODR process can afford to engage in a
limitless exercise. We at Perry4Law and PTLB believe that any
e-discovery and OCR exercise must be primarily guided by relevancy,
proper chain of custody and admissibility criteria in all
circumstances. This is more so when litigation is an option.
In e-discovery and OCR procedure,
data is identified as potentially relevant by lawyers/law firm and
placed on legal hold. Evidence is then extracted and analysed using
legally
acceptable cyber forensic procedures.
This includes the stages of identification, preservation, collection,
processing, review and production.
These issue must be properly managed as
per the techno legal requirements existing in India otherwise the
adduced information, documents and evidence may not be relevant and
admissible in the court of law.
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