Inaccessible Data

Definition(s)

  • Or “relatively inaccessible data.” In contrast with active data, data that has to undergo a restoration process in order to be displayed on computer screen. The two subsets, in order from more accessible to less accessible, are “backup tapes” and “erased, fragmented or damaged data.” According to a new line of case law, relatively inaccessible electronic data is the category as to which a court should consider cost-shifting.  1

Notes

  1. Fenwick & West LLP, FWPS eDiscovery Terminology (11/6/2005). Citing Applied Discovery’s Glossary, http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/03-04265.PDF#page=24