Insights Articles

Mobile devices have become central to how we work, communicate, and collaborate – which means they are now a major source of evidence in modern litigation.  As smartphones, tablets, and laptops continue to store more business-critical information, legal teams face increasing pressure to collect mobile data in a way that is defensible, compliant, efficient, and cost-effective. Understanding the unique risks, limitations, and best practices of mobile device collection is essential for any team navigating today’s litigation landscape. 

Key Challenges of Mobile Device Collection 

1. Data Fragmentation 
Mobile devices store information across multiple apps and formats. Text messages, WhatsApp or iMessage threads, collaboration tools like Teams or Slack, voice notes, photos, and cloud storage can all hold relevant information. Collecting the data without disrupting the device – and while preserving metadata – is a significant challenge that requires precision. 

2. Personal Privacy and BYOD 
When employees use personal devices for work, personal and professional data coexist. Legal teams must balance discovery needs with privacy rights, ensuring collections are targeted and defensible without over-collecting. 

3. Device Security and Encryption 
Modern devices are built with strong encryption, passcodes, and biometric controls to protect data. Extracting relevant information while preserving legal compliance and metadata integrity requires specialized forensic tools and expertise. 

4. Rapidly Changing Technology 
Mobile operating systems and messaging apps update frequently, often changing how and where data is stored. Staying current on collection methods is essential – and sometimes a moving target – for ensuring defensibility. 

Best Practices for Mobile Data eDiscovery 

Engage Forensic Experts Early 

Mobile collections are too complex to approach with guesswork. Forensic specialists bring the tools and expertise needed to collect data accurately, preserve metadata, and avoid unintentional alterations. Engaging experts early in the process reduces risk and preserves critical evidence. 

Establish Scope and Protocols 

Define which devices, custodians, timeframes, and data types matter before you begin. For BYOD scenarios, clearly outline what will and won’t be collected, and ensure you’re aligned with corporate policies and privacy requirements. 

Use Validated Tools 

Purpose-built forensic tools ensure that mobile collections are repeatable, complete, and metadata-intact. Avoid screenshots, manual copying, or user-initiated exports – these shortcuts can compromise authenticity. 

Document the Process 

Maintain detailed records of collection methods, device handling, chain of custody, and any filtering decisions. Every step should be documented. Strong documentation reinforces defensibility and provides transparency to counsel and the court. 

Coordinate with IT and Legal Teams 

Mobile collections sit at the intersection of IT, compliance, and legal strategy. Cross-functional alignment ensures that collections are consistent with organizational policies and technical capabilities. 

Transparency Builds Trust 

Mobile data collection can feel intrusive, especially in BYOD environments. Clear, transparent communication helps custodians understand what will be collected, how their personal information is protected, and why the process is necessary. This openness builds trust, encourages cooperation, and demonstrates diligence if the process is ever questioned. 

The Role of Expert eDiscovery Providers 

At Array, we specialize in helping legal teams navigate the complexities of mobile data collection with workflows built for defensibility. Whether supporting BYOD environments or collecting from a wide range of apps and device types, our experts ensure metadata is preserved, privacy is respected, and evidence integrity remains intact. By combining advanced forensic tools with a structured, transparent approach, we help clients reduce risk, streamline review, and maintain confidence in their litigation strategy – moving confidently through the discovery process. 

Ensuring Success in Mobile Data Collection 

Mobile devices are now one of the richest – and most sensitive – sources of discoverable information. Legal teams that understand the nuances of device types, app data, privacy considerations, and defensible collection methods are better positioned to meet their obligations and manage risk.   

With clear protocols, the right tools, and the support of forensic experts, mobile data collection becomes more than a challenge – it becomes a strategic advantage. Done correctly, it allows legal teams the confidence to handle mobile data effectively, protect sensitive information, and ensure compliance throughout the litigation process.