I have read some of the posts on this subject and thought I would weigh in
with a quick thought or two on the subject.  

 

The development of protocols make sense to a limited degree. The obligation
of a vendor to facilitate ensure the secure transfer of information is
governed by common law theories of contract or tort.  However, contracts
with offsite-storage vendors usually have contractual limitations of
liability and lack adequate indemnities to protect the customer's interests.
Hence, there is no incentive to perform in a manner that protects the
information transferred, even if such protocols were endorsed and in place
across the industry.  The risk of loss is borne principally by the customer.


 

In negotiations, customers need to push back on contractual limitations of
liability.  The presence of protocols would be a great point of reference in
negotiations.  If you are able to negotiate more effectively and shift the
risk of loss, a vendor would be more inclined to use care and diligence in
the transfer and handling of one's information.  

 

 

Best regards,

 

 

Rick Wolf

 

 

347 Mt. Pleasant Avenue

Suite 204

West Orange, NJ 07052

(973) 324-0050 (direct)

(973) 324-0052 (fax)

(201) 602-9486 (cell)

www.lexakos.com

 

 

 

 

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Gerard Nicol
Sent: Tuesday, November 06, 2007 11:57 PM
To: [log in to unmask]
Subject: Re: What should vendors do if they find they have lost tapes from
another vendor?

 

Larry,

 

Nobody is talking about moving information from one vendor to another 

without the knowledge of the owner.

 

I am talking about what occurs when a customer exercises their rights to 

choose a different vendor.

 

Unfortunately in business people make all sorts of decisions based on 

their emotions and not on what is best for themselves or their business.

 

I am proposing a protocol that would make it clearer to people how they 

can complete the "divorce" without having to rely on people's respective 

views of ethics and what might constitute "gentlemanly behaviour". 

 

The protocol would address notification, settlement of accounts, transfer 

of information, transfer of chain of custody information and Meta data and 

reconciliation of errant information.

 

Personally I think the existence of such a protocol would be a significant 

step forward for the information management industry and for the 

management of information in general.

 

Gerard

 

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