It is increasingly necessary to consider a wide range of data sources when giving electronic disclosure. Historically, one of the hardest media forms to deal with was audio, because it used to take an hour’s listening to review an hour’s recording. As the volumes of potentially-disclosable audio have increased, so has the technology to manage it.
As Tanya Gross of Navigant explains in this video, technology has advanced enormously in this area, making it easier (and therefore proportionate) to analyse and review the very large volumes of audio data which are now created.
The most obvious sources of this are financial institutions who are required as a regulatory matter to keep records of all communications, including telephone calls. Regulators expect prompt disclosure of such records and it would be literally impossible to comply with their demands if it were not for the new developments in audio technology.
The fact that such records have to be kept for regulatory purposes means that they are also available for disclosure in litigation and, if they are available and potentially relevant, then they must be reviewed for that purpose as well. They are also a relevant source of information for internal investigations, whether done as part of a compliance program or because actual suspicions are aroused.
Regulatory requirements not the only reason why audio data is kept – a call to almost any organisation these days begins with a warning that the conversation may be recorded “for training purposes”. This means, potentially, that is also available as evidence of what was said, something which is often overlooked in civil and criminal proceedings.
Tanya Gross gives us a good explanation of the requirements, the technology and the processes used to collect, analyse and deliver audio data by reference to projects in which Navigant has been involved.