BS ISO IEC 27050-1-2016 Information technology Security techniques Electronic discovery Overview and concepts《信息技术 安全技术 电子化搜寻 综述和概念》.pdf

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1、BS ISO/IEC 27050-1:2016 Information technology Security techniques Electronic discovery Part 1: Overview and concepts BSI Standards Publication WB11885_BSI_StandardCovs_2013_AW.indd 1 15/05/2013 15:06BS ISO/IEC 27050-1:2016 BRITISH STANDARD National foreword This British Standard is the UK implement

2、ation of ISO/IEC 27050-1:2016. The UK participation in its preparation was entrusted to Technical Committee IST/33/4, Security Controls and Services. A list of organizations represented on this committee can be obtained on request to its secretary. This publication does not purport to include all th

3、e necessary provisions of a contract. Users are responsible for its correct application. The British Standards Institution 2016. Published by BSI Standards Limited 2016 ISBN 978 0 580 83829 3 ICS 35.040 Compliance with a British Standard cannot confer immunity from legal obligations. This British St

4、andard was published under the authority of the Standards Policy and Strategy Committee on 30 November 2016. Amendments/corrigenda issued since publication Date T e x t a f f e c t e dBS ISO/IEC 27050-1:2016 Information technology Security techniques Electronic discovery Part 1: Overview and concept

5、s Technologies de linformation Techniques de scurit Dcouverte lectronique Partie 1: Aperu gnral et concepts INTERNATIONAL STANDARD ISO/IEC 27050-1 Reference number ISO/IEC 27050-1:2016(E) First edition 2016-11-01 ISO/IEC 2016 BS ISO/IEC 27050-1:2016ii ISO/IEC 2016 All rights reserved COPYRIGHT PROTE

6、CTED DOCUMENT ISO/IEC 2016, Published in Switzerland All rights reserved. Unless otherwise specified, no part of this publication may be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying, or posting on the internet or an intranet, without

7、prior written permission. Permission can be requested from either ISO at the address below or ISOs member body in the country of the requester. ISO copyright office Ch. de Blandonnet 8 CP 401 CH-1214 Vernier, Geneva, Switzerland Tel. +41 22 749 01 11 Fax +41 22 749 09 47 copyrightiso.org www.iso.org

8、 ISO/IEC 27050-1:2016(E)BS ISO/IEC 27050-1:2016ISO/IEC 27050-1:2016(E)Foreword v Introduction vi 1 Scope . 1 2 Normative references 1 3 T erms and definitions . 1 4 Symbols and abbreviated terms . 4 5 Overall ISO/IEC 27050 structure and overview . 5 5.1 Purpose and structure 5 5.2 Overview of ISO/IE

9、C 27050-1: Overview and concepts . 5 5.3 Overview of ISO/IEC 27050-2: Guidance for governance and management of electronic discovery 5 5.4 Overview of ISO/IEC 27050-3: Code of practice for electronic discovery . 6 5.5 Overview of ISO/IEC 27050-4: ICT readiness for electronic discovery . 6 6 Overview

10、 of electronic discovery 6 6.1 Background 6 6.2 Basic concepts . 6 6.3 Objectives of electronic discovery 7 6.4 Electronic discovery foundation 8 6.4.1 General 8 6.4.2 Competency 8 6.4.3 Candour . 8 6.4.4 Cooperation 8 6.4.5 Completeness 8 6.4.6 Proportionality 8 6.5 Governance and electronic discov

11、ery . 9 6.5.1 General 9 6.5.2 Risk and environmental factors 9 6.5.3 Compliance and review 9 6.5.4 Privacy and data protection . 9 6.6 ICT readiness for electronic discovery 10 6.6.1 General.10 6.6.2 Long-term retention of ESI 10 6.6.3 Maintaining ESI confidentiality 10 6.6.4 Destruction of ESI 10 6

12、.7 Planning and budgeting an electronic discovery project 10 7 Electronically Stored Information (ESI) 11 7.1 Background .11 7.2 Common types of ESI 12 7.2.1 General.12 7.2.2 Active data 12 7.2.3 Inactive data 12 7.2.4 Residual data 12 7.2.5 Legacy data 13 7.3 Common sources of ESI 13 7.3.1 General.

13、13 7.3.2 Custodian data sources .13 7.3.3 Non-custodian data sources 13 7.3.4 Potentially excluded sources of ESI 14 7.4 ESI representations 14 7.4.1 General.14 7.4.2 Native formats .14 7.4.3 Near-native formats .15 ISO/IEC 2016 All rights reserved iii Contents PageBS ISO/IEC 27050-1:2016ISO/IEC 270

14、50-1:2016(E)7.4.4 Image (near-paper) formats .15 7.4.5 Hardcopy .15 7.5 Non-ESI as part of discovery 15 8 Electronic discovery process.16 8.1 Overview .16 8.2 ESI identification 18 8.3 ESI preservation 18 8.4 ESI collection .18 8.5 ESI processing .19 8.6 ESI review .19 8.7 ESI analysis 19 8.8 ESI pr

15、oduction 19 9 Additional considerations .20 9.1 Presentation of ESI .20 9.2 Chain of custody and provenance 20 Bibliography .21 iv ISO/IEC 2016 All rights reservedBS ISO/IEC 27050-1:2016ISO/IEC 27050-1:2016(E) Foreword ISO (the International Organization for Standardization) and IEC (the Internation

16、al Electrotechnical Commission) form the specialized system for worldwide standardization. National bodies that are members of ISO or IEC participate in the development of International Standards through technical committees established by the respective organization to deal with particular fields o

17、f technical activity. ISO and IEC technical committees collaborate in fields of mutual interest. Other international organizations, governmental and non-governmental, in liaison with ISO and IEC, also take part in the work. In the field of information technology, ISO and IEC have established a joint

18、 technical committee, ISO/IEC JTC 1. The procedures used to develop this document and those intended for its further maintenance are described in the ISO/IEC Directives, Part 1. In particular the different approval criteria needed for the different types of document should be noted. This document wa

19、s drafted in accordance with the editorial rules of the ISO/IEC Directives, Part 2 (see www.iso.org/directives). Attention is drawn to the possibility that some of the elements of this document may be the subject of patent rights. ISO and IEC shall not be held responsible for identifying any or all

20、such patent rights. Details of any patent rights identified during the development of the document will be in the Introduction and/or on the ISO list of patent declarations received (see www.iso.org/patents). Any trade name used in this document is information given for the convenience of users and

21、does not constitute an endorsement. For an explanation on the meaning of ISO specific terms and expressions related to conformit y assessment, as well as information about ISOs adherence to the World Trade Organization (WTO) principles in the Technical Barriers to Trade (TBT) see the following URL:

22、www.iso.org/iso/foreword.html. The committee responsible for this document is ISO/IEC JTC 1, Information technology, Subcommittee SC 27, IT Security techniques. A list of all parts in the ISO/IEC 27050 series can be found on the ISO website. ISO/IEC 2016 All rights reserved vBS ISO/IEC 27050-1:2016I

23、SO/IEC 27050-1:2016(E) Introduction This document provides an overview of electronic discovery and describes related terminology, concepts, and processes that are intended to be leveraged by other parts of ISO/IEC 27050. Electronic discovery often serves as a driver for investigations as well as evi

24、dence acquisition and handling activities (covered in ISO/IEC 27037). In addition, the sensitivity and criticality of the data sometimes necessitate protections like storage security to guard against data breaches (covered in ISO/IEC 27040). This document is not a reference or normative document for

25、 regulatory and legislative security requirements. Although it emphasizes the importance of these influences, it cannot state them specifically, since they are dependent on the country, the type of business, etc.vi ISO/IEC 2016 All rights reservedBS ISO/IEC 27050-1:2016Information technology Securit

26、y techniques Electronic discovery Part 1: Overview and concepts 1 Scope Electronic discovery is the process of discovering pertinent Electronically Stored Information (ESI) or data by one or more parties involved in an investigation or litigation, or similar proceeding. This document provides an ove

27、rview of electronic discovery. In addition, it defines related terms and describes the concepts, including, but not limited to, identification, preservation, collection, processing, review, analysis, and production of ESI. This document also identifies other relevant standards (e.g. ISO/IEC 27037) a

28、nd how they relate to, and interact with, electronic discovery activities. This document is relevant to both non-technical and technical personnel involved in some or all of the electronic discovery activities, and it is not intended to contradict or supersede local jurisdictional laws and regulatio

29、ns, so exercise care to ensure compliance with the prevailing jurisdictional requirements. 2 Normative references There are no normative references in this document. 3 T erms a nd definiti ons For the purposes of this document, the terms and definitions given in ISO/IEC 27000 and the following apply

30、. ISO and IEC maintain terminological databases for use in standardization at the following addresses: IEC Electropedia: available at http:/ /www.electropedia.org/ ISO Online browsing platform: available at http:/ /www.iso.org.obp 3.1 chain of custody demonstrable possession, movement, handling, and

31、 location of material from one point in time until another 3.2 custodian person or entity that has custody, control or possession of Electronically Stored Information (3.9) 3.3 data breach compromise of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized dis

32、closure of, or access to protected data transmitted, stored (3.26) or otherwise processed SOURCE: ISO/IEC 27040:2015, 3.7 INTERNATIONAL ST ANDARD ISO/IEC 27050-1:2016(E) ISO/IEC 2016 All rights reserved 1BS ISO/IEC 27050-1:2016ISO/IEC 27050-1:2016(E) 3.4 discovery process by which each party obtains

33、 information held by another party or non-party concerning a matter Note 1 to entry: Discovery is applicable more broadly than to parties in adversarial disputes. Note 2 to entry: Discovery is also the disclosure of hardcopy documents, Electronically Stored Information (3.9) and tangible objects by

34、an adverse party. Note 3 to entry: In some jurisdictions, the term disclosure is used interchangeably with discovery. 3.5 disposition range of processes associated with implementing records retention, destruction or transfer decisions which are documented in disposition authorities (3.6) or other in

35、struments SOURCE: ISO 15489-1:2016, 3.8 3.6 disposition authority instrument that defines the disposition (3.5) actions that are authorized for specified records SOURCE: ISO 15489-1:2016, 3.9 3.7 electronic archive long-term repository of Electronically Stored Information (3.9) Note 1 to entry: Elec

36、tronic archives can be online, and therefore accessible, or off-line and not easily accessible. Note 2 to entry: Backup systems (e.g. tape, virtual tape, etc.) are not intended to be electronic archives, but rather data protection systems (i.e. recovery mechanisms for disaster recovery and business

37、continuity). 3.8 electronic discovery discovery (3.4) that includes the identification, preservation, collection, processing, review, analysis, or production of Electronically Stored Information (3.9) Note 1 to entry: Although electronic discovery is often considered a legal process, its use is not

38、limited to the legal domain. 3.9 Electronically Stored Information ESI data or information of any kind and from any source, whose temporal existence is evidenced by being stored (3.26) in or on any electronic medium Note 1 to entry: ESI includes traditional e-mail, memos, letters, spreadsheets, data

39、bases, office documents, presentations and other electronic formats commonly found on a computer. ESI also includes system, application and file-associated metadata (3.19) such as timestamps, revision history, file type, etc. Note 2 to entry: Electronic medium can take the form of, but is not limite

40、d to, storage devices and storage elements. SOURCE: ISO/IEC 27040:2015, 3.16 3.10 ESI analysis element of an electronic discovery (3.8) process focused on evaluating Electronically Stored Information (3.9) for content and context to identify facts, relationships, key patterns, and other features tha

41、t can lead to improved understanding of an ESI (3.9) corpus Note 1 to entry: Content and context can include key patterns, topics, people and discussions.2 ISO/IEC 2016 All rights reservedBS ISO/IEC 27050-1:2016ISO/IEC 27050-1:2016(E) 3.11 ESI collection element of an electronic discovery (3.8) proc

42、ess focused on gathering Electronically Stored Information (3.9) and other related material 3.12 E S I ide nt i f ic at ion element of an electronic discovery (3.8) process focused on locating potential sources and the criteria for selecting potentially relevant Electronically Stored Information (3.

43、9) 3.13 ESI preservation element of an electronic discovery (3.8) process focused on maintaining Electronically Stored Information (3.9) in its original or existing state Note 1 to entry: In some matters or jurisdictions, there can be requirements to prevent spoliation (3.24) of Electronically Store

44、d Information (3.9). 3.14 ESI processing element of an electronic discovery (3.8) process focused on extracting Electronically Stored Information (3.9) and converting it, if necessary, to forms more suitable for ESI review (3.16) and ESI analysis (3.10) 3.15 ESI production element of an electronic d

45、iscovery (3.8) process focused on delivering or making available Electronically Stored Information (3.9) Note 1 to entry: ESI production can also include getting Electronically Stored Information (3.9) in appropriate forms and using appropriate delivery mechanisms. Note 2 to entry: ESI production ca

46、n be to any person or organization. 3.16 ESI review element of an electronic discovery (3.8) process focused on screening Electronically Stored Information (3.9) based on specific criteria Note 1 to entry: In some matters or jurisdictions, Electronically Stored Information (3.9) that is considered p

47、rivileged can be excluded from production. 3.17 investigation systematic or formal process of inquiring into or researching, and examining facts or materials associated with a matter Note 1 to entry: Materials can take the form of hardcopy documents or Electronically Stored Information (3.9). 3.18 l

48、egal hold process of suspending the normal disposition (3.5) or processing of records and Electronically Stored Information (3.9) as a result of current or anticipated litigation, audit, government investigation or other such matters Note 1 to entry: The issued communication that implements the lega

49、l hold can also be called a “hold,” “preservation order,” “preservation notice,” “suspension order,” “freeze notice,” “hold order,” or “hold notice.” 3.19 metadata data that defines and describes other data SOURCE: ISO/IEC 11179-1:2015, 3.2.16 ISO/IEC 2016 All rights reserved 3BS ISO/IEC 27050-1:2016ISO/IEC 27050-1:2016(E) 3.20 non-volatile storage storage (3.25) that retains its contents even after power is removed SOURCE: ISO/IEC 27040:2015, 3.30 3.21 p r o d u c t i