Earlier this year we discussed in this space the ways in which the Federal Rules of Civil Procedure have been amended to address the inadvertent disclosure of privileged material. In recommending these amendments, the advisory committee relied in part on the large volume of electronically stored information and, in particular, the metadata accompanying those stores of electronic data.
Metadata is the term given to embedded electronic data that can be used, for example, to identify, discover and review information relating to a document’s editorial history. By reviewing metadata, one may be able to uncover previously deleted text, comments inserted in a document, the identity of persons who have worked on or viewed a document and the dates and times when they did so. Some of this information may be privileged or protected.
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