Government CIO and eDiscovery
Piece of evidence that is physically non existent can be discovered through ediscovery. 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.
For example, if the political position of a congressman is compromised because of a letter by his assistant, then court will carry on the case even if the letter was destroyed. The court may end up believing that evidence like that exists. 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 tricky. He is responsible for how viable the non existent components are, and he is more responsible than anyone else. It is possible for the CEO of an organization to be the electronics officer and decide how the data must be shared. But, a government CIO who is a very high ranking official has to report to someone above him, sometimes even the President.
A lot of the work of government agencies has to done secretly, so if they are involved in a court case some sensitive information may be revealed, given this situation a CIO has to follow orders from two different channels. One is from the court and other from higher ranking officer. This leaves the officer between a rock and a hard place. The CIO has to decide that if he wants to keep the sensitive government information safe or whether he want to reveal the ediscover documents to the court.
More usually the not, the government CIO of the government agency will obey the administrative mandate, and the evidence may become unavailable. But this does not close the case as the court can go on assuming that the evidence perhaps exists. But this says something about the confusion that a CIO must confront as he keeps rising on the political ladder.
The particular government CIO capabilities a one angle among us laborers; read more by every weblog.
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