Archive: April 3, 2007

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Evidentiary Hearing Required Before Court Can Order State Agency to Produce Email from Backup Tapes

Evidentiary Hearing Required Before Court Can Order State Agency to Produce Email from Backup Tapes

Georgia Dept. of Agric. v. Griffin Ind., 2007 WL 805795 (Ga. Ct. App. Mar. 19, 2007)

In this case, Griffin Industries had sought records from the Georgia Department of Agriculture relating to its facilities’ emissions and odor issues, including relevant emails.  The Department produced documents, but advised that it did not “archive” its emails.  It stated that the only possible source of such information was a series of emergency computer backup tapes, which would be made available.  The parties then corresponded about taking the tapes out of daily backup circulation to avoid erasing data, and about who would pay for replacement tapes necessary to keep the Department’s backup procedures operational.
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