We’re constantly hearing about metadata as it relates to eDiscovery, security, and ethics, but metadata remains a confusing topic for many of us. In this post, we’ll provide some examples to help you better understand what metadata is all about, and then we’ll clear up a few misconceptions.
What is Metadata?
Metadata is simply information about computer files. Consider, for example, a Microsoft Word document on your computer. The following pieces of information about the Word document are all metadata:
- The date and time the file was created;
- The amount of time you’ve been editing the file;
- The count of words in the file;
- The directory where the file is located;
- The date and time the file was last modified; and
- The author of the file.
This information is useful for a variety of purposes. In civil discovery, it’s always wise to obtain metadata from the documents you’re requesting and producing because the metadata can reveal important information. For example, if there’s a photo that plays a key role in the case, the metadata can verify that the photo was taken at a particular time and place on a particular device. In short, the metadata helps authenticate the photo. For the same reasons, metadata has an amazing ability to reveal fakes and forgeries.
Without metadata, it’s hard to tell authentic evidence from fakes.
So much for an overview of metadata, let’s now consider some of the nuts and bolts. In particular, there’s one distinction it pays to know.
Application vs. System Metadata
The distinction between application metadata and system metadata is extremely important for litigators to grasp. The difference is as follows:
- Application metadata is included in computer files themselves. If you copy a file from one computer to another without changing the contents of the file, the application metadata will be preserved intact and unchanged.
- System metadata is not included in computer files. Instead, the operating system (Windows, Mac, Linux, etc.) holds this metadata. With the exception of the name of a file, system metadata is not transferred when you copy a file to another computer. (If it is important to produce or transfer system metadata, it is produced in something called a load file.)
The best way to grasp this distinction is to inspect metadata in some of your own files. You can view system metadata in Explorer (Windows) or Finder (Mac), and you can view application metadata by opening files in the applications you used to create them. If you use CaseFleet, simply upload an document to view all of its extracted metadata fields in a handy list.
Common Misconceptions
Metadata is mostly useless information …
Not true. Metadata often counts as substantive evidence. For example, comments in a Word document can show the drafter’s intent. The same with tracked changes and formulas in Excel. Further, metadata is extremely useful for authenticating evidence because it often shows the author and creation date for files. Digital photographs often include GPS coordinates. Without metadata, you’d have to authenticate Word documents and digital photographs based only on testimony.
Metadata is expensive to produce in discovery …
Not really. Application metadata produces itself if you produce files in native format. System metadata is a bit more difficult, but some parties will agree to forego system metadata. In any case, the probative value of metadata makes it worth some extra effort or cost.
I need to “scrub” metadata so I don’t reveal secret information to the other side …
Please don’t do this! Scrubbing metadata could be considered spoliation of evidence because it changes the evidence and destroys important data.
Inspecting metadata in documents is unethical …
Nope. There’s nothing sneaky or unethical about carefully reviewing evidence that you receive in discovery. In fact, the only thing that could be unethical with regard to metadata is not knowing about it and how it can be used to prove your case.
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This article is a shortened version of the post Metadata, Explained on the CaseFleet blog.
