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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