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An article by Gary Wiener posted on his blog Part of the Solution.
This article discusses metadata, and issues the pertain to scrubbing of metadata, and mining of metadata.
The article defines metadata and states, "Metadata, frequently referred to as “data about the data” and specifically referring to electronically stored information (ESI), poses an interesting ethical dilemma for lawyers on two fronts:
Should metadata be purged, or “scrubbed,” from an electronic file before it is produced to opposing counsel; and
Where metadata has not been scrubbed, is it fair game for opposing counsel to attempt to “mine” the metadata for clues to potentially privileged information that the producing party might have missed?"
As the article states, " A technologically proficient user who knows what she is looking for and how to find it can unearth a potential treasure trove of useful information within the metadata."
The article further points out that jurisdictions differ as to what is permissible, and certain jurisdictions have issued no statement regarding proper and ethical handling of metadata.
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