Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a crucial aspect of many investigations and lawsuits. This process is complicated for many reasons, presenting unique challenges that legal professionals must carefully navigate.

Challenge #1: Volume and Variety of Data

Social media platforms generate a tremendous amount of data in various formats, including text, images, videos, and metadata. Each platform has a unique layout and data types, making it challenging to standardise the collection process. For example, a Facebook post may include comments, likes, shares, and reactions, while a tweet might contain retweets, likes, and hashtags. This data's sheer volume and diversity can overwhelm traditional eDiscovery tools and processes.

Challenge #2: Data Privacy and Compliance

Privacy laws and regulations, such as the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) in the United States, impose strict guidelines on collecting, storing, and using personal data. Social media artifacts often contain sensitive personal information, raising significant compliance concerns. Legal teams must ensure their eDiscovery practices comply with these regulations, which can vary significantly across jurisdictions.

Challenge #3: Dynamic and Ephemeral Content

Social media content is dynamic and can change rapidly. Posts can be edited or deleted, and ephemeral content (lasting for a short period of time), such as Snapchat stories, can disappear after a short period. This transient data poses a significant challenge for eDiscovery practices, as timely collection is critical. Delays can result in the loss of crucial evidence, making it essential to have advanced, real-time collection mechanisms.

Challenge #4: Authentication and Integrity

Digital evidence can be easily manipulated, raising concerns about its reliability in legal proceedings. Legal data professionals must establish a chain of custody and employ forensic

techniques to verify that the collected data has not been altered. This involves capturing metadata and using digital signatures to ensure the evidence is not tampered with over time.

Challenge #5: Platform-Specific Restrictions and Access Issues

Social media platforms have different terms of service, Application Programming Interfaces (APIs), and restrictions that can limit data access. For example, some platforms may not provide direct access to certain types of data through their APIs or have rate limits that restrict the volume of data that can be collected in each period. Additionally, obtaining access to private or restricted content often requires legal processes such as subpoenas, which can be time-consuming and complex.

Challenge #6: Technological and Resource Constraints

Effective social media data collection requires specialised tools and technology that can handle the unique challenges posed by these platforms. However, not all organisations can access such advanced tools or the expertise needed to use them effectively. This can result in resource constraints regarding technology and skilled personnel, which can hinder the eDiscovery process.

Conclusion

Collecting social media artifacts for eDiscovery is a complex and continuously evolving challenge. To navigate this landscape effectively, legal professionals must stay abreast of technological advancements and regulatory changes.

Epiq has qualified professionals with extensive experience and uses both commercial and proprietary tools to collect social media and online artifacts while maintaining data integrity for litigation. Epiq professionals understand the complexity of collecting information from social platforms and the restrictions associated with the most common platforms such as Facebook, X, Instagram, YouTube, TikTok, and many more. If you’d like to learn more, contact Epiq today.