'"only people who have done something wrong would care about privacy" is a frequently used truism which is actually quite false.'
I agree with this. Strongly.
However, there are two important counterpoints here that don't apply in normal circumstances:
1. They were actively involved in litigation, which means normal information retention procedures were already out the window (or should have been). E.g. you can certainly do things like routinely delete business emails older than some specified age, but if you know those emails contain subject matter that is pertinent to active litigation you likely should not.
2. The encryption/destruction that occurred here weren't a "normal course of business" thing, but a response to the litigation. That gives a strong impression that it was willful and intended to evade laws and rules related to discovery.
This is an ignorant statement. Things you say can easily be taken out of context and manipulated. This is a common occurrence, which is why privacy matters.
I agree with this. Strongly.
However, there are two important counterpoints here that don't apply in normal circumstances:
1. They were actively involved in litigation, which means normal information retention procedures were already out the window (or should have been). E.g. you can certainly do things like routinely delete business emails older than some specified age, but if you know those emails contain subject matter that is pertinent to active litigation you likely should not.
2. The encryption/destruction that occurred here weren't a "normal course of business" thing, but a response to the litigation. That gives a strong impression that it was willful and intended to evade laws and rules related to discovery.