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Date: | Mon, 20 Apr 2009 10:27:25 -0400 |
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This article exposes a great deal of information that an RM should
become familiar with in the course of your profession. Great job Peter
In many cases I have seen, the defendant for fear of violating their
responsibility, continues to save all of their back up tapes that are
merely for business continuity. Imagine you are rotating 100 tapes per
week or 1000 tapes per week and now instead of the typical
Grandfather, Father, Son methodology, you keep each set of tapes
indefinitely. In the course of a typical movement to trial, you would
end up with thousands of unnecessary tapes. All at a cost of $50.00
or more per unit and the resultant storage on same. Plus, even if you
win you might feel compelled to save them for a period of time as a
safety measure thus increasing your costs further. Knowing the law
here will help your company save some money.
Your company should also immediately call for discovery on the
plaintiff to provide information on why they believe you are
culpable. This places them under the same duty to provide a data map,
to preserve thousands of tapes and all the costs you will need to
spend to defend yourself. Now you are at least on the same playing
field.
It would be a great Disaster Recovery drill to develop a "Data
Mapping" of your company. After all, a law suit is a disaster. Why
not prepare for it. Plus you can show the Judge your company, in good
faith, keep track of your Data Map, so you will be in compliance.
Even if management says no to the idea, the fact that you brought it
to their attention makes them aware of what an asset you will be in
the event of litigation. [Be sure to have your house in order first.
You don't want to be caught short on being able to fulfill your
responsibility on providing the map on your own collection.]
In this economy, that is a good thing.
Hugh Smith
FIRELOCK Fireproof Modular Vaults
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(610) 756-4440 Fax (610) 756-4134
WWW.FIRELOCK.COM
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