Sedona Conference Commentary on Discovery of Mobile Device Data

Doug Austin, in eDiscovery Today, encapsulated the May 2025 Sedona Conference Commentary on Discovery of Mobile Device Data. The Commentary serves as guidance for preserving, collecting, processing, searching, reviewing, and producing data from mobile devices.

In describing a mobile device, the guidance uses four characteristics to supplement the National Institute of Standards and Technology definition: portability, wireless operation, local data storage, and a self-contained power source. This definition encompasses smartphones and tablets, excluding smartwatches, the Internet of Things, and desktop operating systems. 

Moreover, the guidance describes mobile device data as electronically stored information, including texts, call logs, media, contacts, and cached cloud data that is accessible through apps. It emphasizes that parties are not obligated to produce data beyond their control or that is excessively burdensome to access. It also discusses how data sources, custody, physical location, usage within the organization, and control of employee-owned devices can complicate these determinations.

The guidance further outlines a structured approach to identifying relevant sources, including the use of custodian questionnaires and interviews with IT staff or personnel familiar with the company’s policies and procedures on mobile device usage. These interviews should be used to uncover any potential challenges related to preserving, collecting, or producing relevant data from mobile devices. 

Additionally, the guidance examines how collection strategies differ based on data type, location, and collection method. Searching the data demands awareness of how it was collected, the use of analytic tools, and expectations of transparency. Production format guidance emphasizes the importance of planning based on the form and function of the collected data, whether it entails conversation threads, screenshots, spreadsheets, or native file production.

The Sedona Conference Commentary on Discovery of Mobile Device Data concludes with a discussion on information governance, emphasizing the importance of policies surrounding device ownership models (Bring Your Own Device, Corporate Owned, Personally Enabled, or Corporate Owned, Business Only) and maintaining transparency throughout the discovery process to minimize disputes.