What is “Spoliation”?
Spoliation is the intentional or negligent destruction or alteration of evidence when there is either a current litigation, an investigation, or if there is a reasonable chance either may occur in the near future. Some jurisdictions also define it as the failure to preserve information that may become evidence. Spoliation penalties may range from financial sanctions to potential jail time if criminal provisions are violated. Failure to preserve data that may become evidence is also spoliation in some jurisdictions.