Does the duty to preserve potential evidence require you to save your Internet cache? A district court in Pennsylvania recently addressed this issue, and, indirectly at least, said NO.Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey, 2007 WL 2085358 (E.D. Pa. June 20, 2007). The court held that the defendant’s automatic and unwitting deletion of cache files did not constitute spoliation, and did not warrant any kind of sanctions, even though potential evidence had been destroyed. The court did not squarely hold there was no duty to preserve Internet cache per se; instead, it held that, in this case, the destruction of evidence contained in the temporary cache files was accidental, and was not prejudicial, so no sanctions were appropriate.
https://www.lawweb.in/2012/08/saving-of-internet-cache-for-evidence.html
