Electronic discovery or e-discovery is a widely used methodology in foreign jurisdictions. However, its use in India is very limited as neither e-discovery nor cyber forensics has developed in India so far.
According to legal experts in India, e-discovery is different from cyber forensics as cyber forensics covers a wide variety of situations and requirements than e-discovery. Since there is limited growth of e-discovery in India, there are very few e-discovery blogs world wide.
Even among the blogs on e-discovery, there are very few dedicated e-discovery legal blogs. Even less are e-discovery legal blog in India. After doing a good research, i could find only a single e-discovery blog. What is surprising is the fact that it is the exclusive legal blog on e-discovery in India.
The blog is managed by Perry4Law’ Techno Legal Base (PTLB), the techno legal segment of Perry4Law Organisation. While technical inputs are provided by PTLB yet legal expertise is extended by Asia’ exclusive techno legal ICT law firm Perry4Law.
Some of the areas covered by the blog include legal issues of e-discovery in India, use of e-discovery for cloud computing in India, e-discovery for social media, data rooms, legal compliances and merger and acquisitions, virtual data rooms and legal compliances, e-discovery and cyber law due diligence required for Indian companies, etc. The use of e-discovery in India is going to increase in future as more and more technological crimes are being committed in India.
There is a need to incorporate the principles of e-discovery in the existing and future laws of India. Till now the most basic requirements pertaining to e-discovery are not followed by Indian corporates. For instance the requirements prescribed by Internet intermediary guidelines and the cyber law due diligence requirements (Pdf) are not at all followed by various stakeholders.
Whether it is e-commerce websites, Bitcoin exchanges, telecom companies, social media websites, foreign technology companies, etc none of them are following the laws and regulations prescribed by various Indian statutes.
The e-discovery blog of Perry4Law is a good beginning for establishment of e-discovery jurisprudence in India. The Indian government and legislature can incorporate the principles and methods suggested by this blog while formulating the ultimate policy regarding use of e-discovery in India.