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Date: | Fri, 20 Feb 2009 13:53:24 -0500 |
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On Feb 20, 2009, at 12:00 AM, RECMGMT-L automatic digest system wrote:
> In the process of records management, don't you need to track 'where'
> stuff is kept?
> Regards
> Jay
>
> --
> Jay Maechtlen
> 626 444-5112 office
> 626 840-8875 cell
> www.laserpubs.com
Under the new laws you must be prepared to deliver a Data Map within
99 days.
I wonder if anyone has ever convinced a judge that "If a record is
past its retention schedule and a legitimate effort was made to
follow the retention schedule and thereby attempt to delete the
files, that these records should not be allowed to be reviewed.
Using heroic means to recover documents from deleted files has been
ruled by some judges as not required. Therefore it is only one step
further to state that records past retention schedule aren't
discoverable.
Tracking where records are kept is what Tiggers and Records Managers
do best. IT on the other hand is not totally dialed in on this. The
99 days requirement will freak them out. In fact to assure the court
that a good faith effort is under way, typically and writing over of
tapes is forbidden until the suit is resolved. This leads to a
significant volume of tape. I could see a ruling that forbids
deduplication with a judge that sees an opportunity to use technology
to make things disappear.
IT knows what they can do! IT does not know what it can't do! That
is why when a records managers says "You can't do this. It is
illegal. Are you doing this?" They answer I don't know? (I'll have
to think about this over the weekend to see what I just said.)
Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610) 756-4440 Fax (610) 756-4134
WWW.FIRELOCK.COM
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