We are in the process of migrating exchange to the cloud. We have discovered that several users have very large emails within their mailboxes. Prior to our migration we wanted to reduce the size of these large emails. Our suggestion was to take the attachments of these emails and save them within our Worldox Software with a NOTE of where the attachment came from. You can edit the email as well with date and where the attachment was stored.
Here is my question & a definition...
Spoliation is the destruction or alteration of a document that destroys its value as evidence in a legal proceeding. Spoliation often carries an inference of intentional destruction in order to avoid negative implications associated with evidence. Some jurisdictions have allowed a spoliation tort action, which allows the victim of destruction of evidence to file a separate tort action against a spoliator.
Spoliation often arises in the context of a person claiming to have been injured by a defective product which he then discarded or lost. In such cases, the defendant manufacturer or distributor may move to dismiss the case on the basis of spoliation.
Would our suggestion be considered spoliation?
Thank you in advance
Julian Piedra