>That "but it existed only in RAM in my servers" should not be a defense
>for failing to retain discoverable evidence is distinct from the issue
>of what constitutes discoverable evidence.

But only if you were told you needed to retain the data in the
first place.  How can you be faulted for not keeping data you
did not have a use for and nobody told you should be kept.

>Should web site access logs be retained?

If you have them (note that with a load balancer front-end, it is
unclear whether such logs do actually exist)  The loadbalancer may
know who accesses the data but only the backend may know which
data is accessed.

Casper

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