On Oct 11, 2014, at 12:00 AM, RECMGMT-L automatic digest system <[log in to unmask]> wrote:

> From: PeterK <[log in to unmask]>
> Subject: Does a Litigation Hold Require the Preservation of Employee Text Messages?
> Date: October 10, 2014 at 10:07:51 AM EDT
> 
> 
> Does a Litigation Hold Require the Preservation of Employee Text Messages?
> 
> Soon after the case was filed, the plaintiff issued a litigation hold
> letter to the defendants seeking the preservation of electronically stored
> information.  Despite the fact that this letter specifically referenced
> text messages, the defendants made no effort whatsoever to preserve the
> text messages on the former employee’s cell phone.  Of course the phone was
> then lost, about a year and a half after the hold should have been
> instituted.

Just another example of BYOD being an ungovernable Wild West.  More and more organizations are finding out how dangerous these smartphones and iPads/Tablets can be.

Another trend is the dumbing down of government record and archive keeping.  Remember when the National Archive was a very respected body and the government was looked to as a role model for how to store records.  In just a few months the IRS and EPA have shown just how ridiculous that confidence was.

I had a preview of that when NARA tried to stiffen up the requirements for records centers; but then did not want to adhere to those same standards.  It turned out they were hypocrites. Vault size shall be limited to 25,000 cubic feet unless you are NARA then there are no limits. Vaults shall be rated for the type of media being protected unless you are NARA, then you do not even need to add a vault door to the chamber.  In fact, it became so embarrassing to be exposed for failing to meet the standards they tried to create; that they withdrew from the NFPA Technical Committee and developed a 36CFR Standard that doesn’t even mention vaults.

I look forward to a corporation defending itself by pointing out that the Courts cannot enforce Standards of Protection that they continually fail to adhere to.  This should be doable based on a reasonable level of care model.  (The “What’s good for the Goose” model) If the courts, the government, the government agencies cannot deliver this reasonable level of Due Diligence, then no one should be held to that Standard.

Hugh Smith
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(610)  756-4440    Fax (610)  756-4134


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