E-Discovery is a short hand term for "electronic discovery" - which is the process of preserving, securing, reviewing, and exchanging ESI in the context of modern litigation or other legal processes.

SUNY campuses are subject to e-discovery requests for many different reasons. Information and data is identified as potentially relevant by attorneys and placed on "legal hold" for purposes of litigation (whether actual or anticipated) for both State & Federal Lawsuits, New York State Freedom of Information Law (FOIL) requests, state and federal audits and program reviews by government oversight agencies, criminal investigations, and internal campus investigations often related to employee relations issues.  Evidence is extracted and analyzed using digital forensic procedures, and is reviewed to find records that relate to the litigation or information request.

E-discovery is more complex than traditional discovery because of the technology involved in producing the records, and the technology infrastructure that stores the records.  Complexities of e-discovery include:

Applicable Laws and Regulations 


SUNY Policies and Procedures

SUNY Legal Proceeding Preparation (E-Discovery) Procedure, Document Number 6610.

Related SUNY Policy

SUNY Policy, Records Retention and Disposition, Policy Document No. 6609

SUNY Procedure, Information Security Guidelines, Procedure Document 6608

SUNY Resources

SUNY Forms

SUNY Compliance Website Pages on Records

References to Best Practices and Other Supplemental Material

The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete.  For complete compliance information, consult your campus compliance officials. For legal advice, consult your lawyer.