CHFI Computer Forensics Fundamentals and Process Practice Question
An organization receives a litigation hold notice regarding an ongoing lawsuit. The IT department is instructed to preserve all relevant electronic data. Which of the following actions should be taken FIRST to comply with the legal hold?
⚠ Common exam trap
The CHFI exam often tests the misconception that you can first analyze data to determine relevance before preserving it, but in legal hold scenarios, the correct order is always preserve first, then analyze, to avoid any risk of spoliation.
Answer choices
Why each option matters
Answer the question above first, then reveal the full breakdown to understand why each option is right or wrong.
Correct answer & explanation
✓
Immediately preserve all potentially relevant data, including backups and archives, and suspend automatic deletion policies.
The first step in responding to a litigation hold is to immediately preserve all potentially relevant data, including backups and archives, and suspend any automatic deletion or rotation policies. This ensures that no spoliation of evidence occurs, which could lead to legal sanctions. The preservation order must be broad to cover all data that might be relevant, as determining exact relevance comes later in the e-discovery process.
Answer analysis
Option-by-option breakdown
For each option: why learners choose it and why it is or isn't the right answer here.
- ✗
Delete all data that is not relevant to the lawsuit to reduce storage.
Why it's wrong here
Deleting data to reduce storage during a litigation hold is a textbook spoliation risk: the organization cannot yet know what a trier of fact will deem relevant, and even seemingly irrelevant documents may gain context or lead to discoverable evidence. Courts impose severe sanctions—including adverse inference instructions, monetary penalties, or dismissal—for intentional destruction of ESI when litigation was reasonably anticipated. The duty is to preserve, not curate, so any deletion prior to a defensible legal review violates the hold.
- ✓
Immediately preserve all potentially relevant data, including backups and archives, and suspend automatic deletion policies.
Why this is correct
Upon receiving a litigation hold notice, a legally defensible response is to immediately issue a legal hold that suspends all normal retention, deletion, backup rotation/recycling, and archive destruction schedules across all media—including email servers, file shares, SharePoint/cloud repositories, and offline backups. Preserving backups and archives can prevent loss of older or metadata-rich versions of documents that may be responsive. The hold must be communicated to custodians and IT administrators, and its implementation should be documented to demonstrate reasonable, good-faith compliance.
- ✗
Notify all employees to ignore the hold and continue normal operations.
Why it's wrong here
Directing employees to ignore a litigation hold and continue normal operations is a deliberate violation of the duty to preserve, and it effectively transforms routine email/IT retention practices into ongoing destruction of potentially discoverable evidence. Unlike simple negligence, this option suggests an intentional instruction, exposing the organization to the harshest spoliation sanctions, including default judgment or monetary sanctions. It also eviscerates any later claim of good-faith compliance because the organization consciously failed to preserve known ESI.
- ✗
Conduct a forensic analysis of the data to determine relevance before preservation.
Why it's wrong here
Conducting a forensic analysis to determine relevance before preservation inverts the required sequence: any analysis that touches original media can alter metadata, timestamps, or data itself, creating a chain-of-custody problem and potentially qualifying as spoliation. Preservation must come first—typically by creating forensic images or copying data—after which relevance evaluation can be performed on the preserved copies without risking the original evidence. Attempting a pre-preservation investigation also delays the hold, leaving a window for normal deletion processes to destroy data.
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Written by Johnson Ajibi, MSc IT Security
Senior Network & Security Engineer · founder of Courseiva
This CHFI practice question is part of Courseiva's free EC-Council certification practice question bank. Courseiva provides original exam-style practice questions with explanations, topic-based practice, mock exams, readiness tracking, and study analytics to help learners prepare for the CHFI exam.