eDiscovery and Records Management. Historically- Paper was the “Corporate Memory” – a physical entity driven by the need to retain items coupled with the availability of space to store them Insured authenticity (originals) and access.
Insured authenticity (originals) and access.Records Management- Historical Perspective- Paper
Digital information accounts for greater than 80% of all records.
The logical location of these stored electronic records is controlled by computers. And, although, it may appear to be less costly to store digital information, it is important to develop meaningful retention policies.Records Management- Digital Perspective
Over 43% of the record management programs did not address electronic records. (2005 Survey= 47%)
43% (vs 46% in 2005) did not have a formal plan for discovery requests for records including litigation hold orders and 53% (vs 65% in 2005) of them that did have litigation hold procedures did not include electronic records.
49%(vs 60%) did not have a formal email retention policy.
Impact of Sarbanes-Oxley Act on record management program has increased 56% since 2003.
Consider... A 2006 Survey (ARMA AIMM) of 17,000 Businesses, Government agencies, & non-profits and associations presented the following results:
Effective email preservation (or destruction) is difficult.
Other issues that must be addressed:
Reminders to organization.
Suspension of defragmentation, alteration, wiping etc.
Responsive vs. Reactive preservation.Preservation
Compliance with organizational policies, industry standards, local, & National Government laws and regulations dictate evolving retention periods for all types of Data including Emails.
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Over 6,000 State & Federal
Compliancy Laws &
Make sure that you establish methods to reinforce your policies and test their effectiveness.
What is the time, difficulty, costs to recover and retrieve relevant data? What business disruption will occur?
How can relevant data be identified and irrelevant or privileged data be sorted out?
How can this data be preserved to be used for potential future requests or other matters?Some of the questions you must answer for your client or company
Map critical electronic data, systems and backup media.
Align Legal, IT and the Business.
Disaster recovery strategies must no longer be the only purpose of record retention.
Create evidence management/ preservation programs and publish, publish, publishBest Practices
Create a list of every department and division within the corporation and then within that department each major category of documents
Create a complete numbering system; i.e LEG-0110-020; representing the Legal Department, the Litigation division, and expense records
For LEG-0110-020 define the details for that record type electronic and paper life…i.e; online for 3 years, after that destroy, any events that could have an impact, etc.
Create a records retention manager and hotline for monitoring and answering immediate questions.Example