Government CIO and eDiscovery
Author: Alen Rowling
Ediscovery is the procedure for discovering and then sharing any data that is not present physically. Many things can be counted as
evidence that is physically absent like emails, instant messages, blogs, or any other thing on the internet. The evidence just exists and
any value that it has is intangible as it is only available on the internet. Actually there have been cases before like the Zubulake vs UBS
case which make it clear that intangible material even if destroyed like a CD which has been broken can be used by the court as a
form of evidence if it establishes that data might have been on it.
If, for instance, an embarrassing letter from an aide to a Senator were to compromise the Congressman?s standing, his case could
move forward even if he destroyed the letter. It is possible that the court believes in the existence of such evidence. In such a case the
mentioned congressperson will be prosecuted n the basis of evidence that does not actually exist.
The government CIO (chief information officer) might find this a bit difficult. The CIO has to look at the legal problems and questions of
viability surrounding the intangible assets of his agency. For the CEO of a company it is possible to be the primary electronics officer
and decide how to share data. However, a government CIO, although a commanding officer or ranking official, more than likely should
report to a higher authority (all the way up to the President).
Considering that fact that a lot of government administration work is shrouded in secrecy, and the sensitive nature of evidence
produced in court if there are legal matters about the working of an agency, the CIO has to follow two sets of instruction. One of them is
from his superior and the other from the court. This leaves the officer between a rock and a hard place. It is up to the CIO to decide if
he wants the ediscovered documents to be given to the court, or if he wants to keep the government sensitive information safe.
More often the not, the government CIO of the government agency will obey the administrative mandate, and the evidence may
become unavailable. However the case will not be considered closed as the court still has the power to go ahead with the case
assuming that the evidence may exist. But, it does give an understanding of an information officer?s special dilemma, the higher up in
political circles he finds himself.
Article Source: http://www.articlesbase.com/cyber-law-articles/government-cio-and-ediscovery-5333256.html
About the Author
The actual government CIO capabilities a diverse placement one of the most legal staffs; find out more found on most blog.