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How to Survive a Subpoena of Your Electronic Data
Nathaniel Turner

The Department of Justice demanded that Google turn over customer search records early last year, throwing a spotlight on data privacy issues. Apparently, the Feds aren’t the only ones seeking to peek at private electronic data. It is very common for attorneys to seek electronic records to build their cases.

While Google’s case has nothing to do with your business, electronic data privacy is an important issue for business leaders. Resisting a court order can be expensive. Even worse, surrendering your database may leave your customers feeling violated and can reveal important business trade secrets.

Here’s the good news: If a business opposes the subpoena, usually the attorneys have other means and resources to get the needed information. Chances are attorneys could get better information by doing their own online research.

Valid reasons a company can make against giving up its data includes:

It may be too expensive or troublesome for the company to consent.
The request may be too large.
The sought after information may be more easily obtained elsewhere.
Google used these same reasons and won a partial victory by only having to hand over a fraction of the materials originally sought by the Department of Justice.

As a smart, savvy businesswoman you can plan ahead, therefore avoiding legal bills and trouble down the road. Here are two tips that can save you time, money, energy, and valuable customer relationships:

Don’t keep data you don’t need. It is a good idea to adapt an electronic-records destruction timetable, and stick to it consistently. After all, no one can subpoena what you don’t have.
Encryption is your friend. Set up privacy codes so the customer alone holds the password and you have very limited information.
It’s important to note, if you’re ever subpoenaed, it would be wise to not to destroy any documents until the matter is settled. After all, this is part of what landed Martha Stewart in prison.