The role of information governance in e-discovery – the case of China
| DOI | https://doi.org/10.1108/RMJ-09-2018-0031 |
| Pages | 168-177 |
| Date | 11 March 2019 |
| Published date | 11 March 2019 |
| Author | Guanyan Fan |
The role of information
governance in e-discovery –the
case of China
Guanyan Fan
School of Information Resource Management,
Renmin University of China, Beijing, China
Abstract
Purpose –This paper aims to examine the situation of organizationalinformation governance (IG) and its
relationshipwith e-discovery in China.
Design/methodology/approach –This study collectslaws, court opinions, cases and relevant literature
as data and analyzestheir content under the guidance of the framework of InformationGovernance Reference
Model of the ElectronicDiscovery Reference Model (EDRM).
Findings –Inspired by discussions on the challenges of e-discovery and, inparticular, the relationships between
organizational IG and e-discovery in English literature, the present study attempts an examination of the relevant
situations in China. It is the belief of the study that the connection between IG and the legal risk as framedin the
EDRM is a necessary one for China as the country is opening its door wider and continues to seek multilateral
cooperation. The study found out, through observations and analyses, the following distinctions of e-discovery and
its relationship with IG in China. Despite the very similar US and Chinese digital technologicalenvironments and
the similar acceptance of electronic evidence into litigations, the situations with e-discovery/electronically stored
information (ESI) and IG are different within a Chinese context. Legal provisions regarding electronicevidence are
brief and vague, litigating procedures rely on the explanations of the Supreme Court and the Supreme
Procuratorate and, most relevantly, there is only a small portion of litigations that features a large quantity of ESI
in the context of dramatically increased cases involving electronicevidence. The evidentiary qualifications of ESI, e.
g. authenticity and reliability, are discussed intensively in academic writings, which, however, was done in a rather
isolated manner, without referring to the relationships between and among them. The concept of proportionality,
which was one of the key constructions in e-discovery discussions in English literature, was not found in these
writings. As a result, organizational IG in China is not discussed in relation to e-discovery or electronic evidence,
raising the question as to how e-discovery of a large quantityo f ESIwill be handled, should such cases emerge.
Research limitations/implications –Extracted mainly from available literature in legal and
information fields, this study is necessarily neither exhaustive nor definitive. However, it can beused to
further strengthenother empirical data studies. It could be extended withina Chinese context with interviews
with legal and IG professionals.In this regard, the reasons that lead to the distinctions as exhibited in the
findings couldbe explored in future investigations. This study does serveas a marker of the position in China
comparedto the USA. This research suggests that there is an opportunity for comparablestudies at a national
level, thus generatingcomplementary knowledge for the IG and e-discovery community internationally.
Practical implications –The findings of the study may be instructive to countries with similar
situations, that is, a weak linkage betweenIG and e-discovery. It may serve as a call for more comparable
studies,thus generating complementary knowledgefor the IG and e-discovery community internationally.
Originality/value –The study reported in this paper is the first of itskind in terms of exploring the
relationshipsbetween IG and e-discovery in the Chinese context.
Keywords Information governance, E-discovery, Electronic discovery,
Electronically stored information, ESI
Paper type Research paper
This research was funded by Renmin University of China (grant number 15XNL032).
RMJ
29,1/2
168
Received24 September 2018
Revised25 November 2018
12December 2018
Accepted12 December 2018
RecordsManagement Journal
Vol.29 No. 1/2, 2019
pp. 168-177
© Emerald Publishing Limited
0956-5698
DOI 10.1108/RMJ-09-2018-0031
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/0956-5698.htm
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