Microsoft Recall = User Ephemeral ESI
Doug Austin and Prosearch have been covering Recall privacy concerns. It is not surprising that the local Recall database is hackable. Many forensic peers would call that an ‘accessibility feature’ for discovery scenarios. Will savvy plaintiff counsel add language to their demand letters requiring Recall enablement and content preservation for key custodians in scenarios with ongoing behavior issues? This is essentially user ephemeral data. [...]