Backup tapes usually contain corporate information, which should already be captured in a structured records repository. They are usually kept for disaster recovery purposes, which should be built into your corporate retention and disposition schedules. One should consider, in the legal world, the cost for reproducing information in the event of a court case or even in an Access to Information request. So before you destroy something you must really determine any future ramifications which could occur as a result of this destruction. Back ups of Electronic mail, for an example, is kept on a server for a period of time (usually determined by IT policy. Again your corporate records repository should have already captured these records, unless they are personal or transitory in nature. Just a few comments. I will leave further comments to others. Cheers.
John A. Gervais
Program Manager
Policy and Guidelines Section
Information Policy and Governance Division
Statistics and Information Management Directorate
Corporate Strategies and Business Development Branch
Canada Revenue Agency
320 Queen St., Place de Ville, Tower A, 6th Fl.,
Ottawa, ON, Canada, K1A 0L5
Tel: 1-613-946-0245
Facsimile: 1-613-941-9649
E-mail: mailto:[log in to unmask]
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]]
Sent: April 19, 2006 1:57 PM
To: [log in to unmask]
Subject: Re: Back up tape retention period...using this as a career
booster
On Apr 19, 2006, at 12:01 AM, RECMGMT-L automatic digest system wrote:
> From: Melissa Lopez <[log in to unmask]>
> Subject: Back up tape retention period
>
> My Corporate Council wants to keep back up tapes until further notice
> because of a law suit. Does anyone know of any organization doing
> this?
> Or can anyone tell me of a known retention period for back up tapes?
> Where can I research information? =20
>
>
> Melissa Lopez
> Texas Association of Counties
> Austin Texas
>
I know of several cases where these legal hold requirements have
occurred and the client was ordered not to write over any tapes. When
they do a tape rotation they must keep every version of the copy so at
the end of a cycle where they would normally write over the tape their
legal counsel ordered them to keep all tapes and start a new media tape
for each cycle. Their volume of tapes is increasing very dramatically
due to this. (As Bill said, your tape salesmen will be very happy, as
will your offsite storage vendor. )
Your legal counsel should tell you how many cycles they want to keep.
The master restore set can typically reach several years but it is the
classification of the records stored on the tapes and the possibility
of duplicate records on paper or microfilm that play into this process.
If you are storing on CD-ROMs than anything older than 5 years is
already developing stability problems and the same can be said for
cartridges over 7 and 15 years.
Since SOX makes you liable for spoliation this should concern you. If
the tapes have been dropped, or handled too roughly or they are not
stored in the proper environment (68ºF and 30% RH constant state is one
example ) then the media will break down. Opposing counsel will then
try to make you look like the second coming of the Nixon Tapes with
gaps.
Media not migrated like 11" reels and 5" floppies may be called for
discovery and you will then have an enormous cost burden to try to read
them. If you did not migrate them and you cannot read them you should
not maintain them. But again counsel needs to tell you it is okay to
destroy them. But not until after the current legal hold is removed.
This would be a great discussion topic for records management and IT to
have. How do we interface during a lawsuit? Can RM add "polish" (Like
you do with silver. I could already see Chris Flynn ready to pounce
me. ) to the
the IT procedures by signing off on the procedure to assure proper
compliance? After all opposing counsel will look for any and all
records so this is the time to have a unified strategy. Start the
discussion with the legal counsel and they will then bring IT into the
mix. Now you have some input. Also legal will now understand that IT
is just another repository of records. This might open some doors for
you.
Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610) 756-4440 Fax (610) 756-4134
WWW.FIRELOCK.COM
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