A company is under investigation for possible fraud. As part of the investigation, the authorities need to review all emails and ensure data is not deleted. Which of the following should the company implement to assist in the investigation?
I am under agreement that it is A.
While a court would the the originator to compelling a legal hold. The company is responsible for implementation, and there is nothing stopping the company from proactively implementing such measures.
A company cannot implement a legal hold. That would be in the courts jurisdiction. A chain of custody also would not prevent data from being deleted. The best answer is Data Loss Prevention, this would stop data from being destroyed during the time of the investigation.
A legal hold refers to a court order to maintain different types of data
as evidence. As an example, imagine that ZiffCorp is being sued for fraud
and the Securities and Exchange Commission is investigating ZiffCorp. A
court orders them to maintain digital and paper documents for the past three
years related to the case. ZiffCorp now needs to take steps to preserve the
data.
This data may include emails, databases, logs, backup tapes, data
stored on servers in file shares and document libraries, and data stored on
desktop computers, laptops, tablets, and smartphones owned by the
company.
Agree to A answer: A legal hold refers to a court order to maintain different types of data
as evidence. As an example, imagine that ZiffCorp is being sued for fraud
and the Securities and Exchange Commission is investigating ZiffCorp. A
court orders them to maintain digital and paper documents for the past three
years related to the case. ZiffCorp now needs to take steps to preserve the
data.
This data may include emails, databases, logs, backup tapes, data
stored on servers in file shares and document libraries, and data stored on
desktop computers, laptops, tablets, and smartphones owned by the
company.
When faced with litigation or an investigation in the US, a company must implement and maintain a litigation hold (also called a document hold or legal hold) designed to identify and preserve relevant evidence. A is the answer.
At first thought a company could not put a legal hold on themselves but apparently, a company's legal team can implement a Legal Hold that is sent out to their own employees to instruct them not to delete anything while they are under investigation. It is also strategic to show the court they are cooperating throughout the investigation.
HINT! Which of the following should the company implement to assist in the investigation?
Legal hold is carried out by legal console toward the company. The company will not put legal hold onto themself. The answer is Chain of Custody.
To assist in the investigation and ensure data is not deleted, the company should implement a "Legal hold."
A legal hold, also known as a litigation hold or preservation order, is a legal process that requires an organization to preserve and protect all relevant data and documents that may be potentially subject to a legal or regulatory investigation or litigation. By implementing a legal hold, the company is obligated to retain the emails and related data in question, preventing their deletion or alteration until the investigation is complete or the legal hold is lifted.
Organizations can, and often do, place a "legal hold" on themselves. It's a proactive measure. When an organization anticipates litigation or becomes aware of a potential legal issue (e.g., a lawsuit, regulatory investigation, etc.)
However, external legal bodies (e.g., courts, regulators) can also mandate that an organization places certain data under legal hold. In such cases, the organization receives a legal directive, such as a subpoena or a court order, to preserve certain data.
The company should implement a legal hold to assist in the investigation. A legal hold is a process that ensures data is not deleted, destroyed, or modified until an investigation or litigation has concluded. This ensures that the authorities have access to all relevant data for the investigation. Chain of custody refers to the documentation and tracking of physical evidence, not digital data. Data loss prevention and content filters are used to prevent data loss or unauthorized access, but they are not specifically designed to assist in an investigation.
How would the company's handling of the chain of custody, as opposed to law enforcement's handling of the chain of custody, hold up in court? They can comply with the legal hold and be subject to additional penalties if they do not.
A - Legal hold.
The chain of custody is a document that contains every detail about evidence across its lifecycle, such as when and where the evidence was collected, who collected it, who preserved it, who transported it, and who examined it. Evidence preservation means that the evidence must be protected from change, damage, corruption, and alteration throughout its lifecycle. A chain of custody also includes all the executive authorities who are privy to information about the evidence. In addition, the chain of custody must be maintained throughout the evidence’s lifecycle because, if the chain is broken, the integrity of the evidence will certainly be compromised.
Why A or B a company doesn't put a legal hold on itself that is done by the authorities and the chain of custody is also done by the investigators the only thing here the company could do to itself that makes sense is C DLP
Answer A: A legal hold, also known as a litigation hold, is the process by which organizations preserve potentially relevant information when litigation is pending or reasonably anticipated. By issuing a legal hold, organizations notify custodians about their duty not to delete ESI or physical documents relevant to a case.
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