On Mon, Nov 26, 2012 at 4:03 PM, bobd <[log in to unmask]> wrote:
> but to me "a record is a record regardless of media" would apply here
Well, IMO, it depends ... :)
In Earl's case, it sounds like they have made a policy-level decision that
Lync messages are *only* transitory (never Records), and should only be
used as such ... meaning it should not be used to created or convey
original Records (things that have a duty attached).
Now, even though they have a normal-course policy to not save Lync
messages, that may go out the window if/when a lawsuit commences (or is
reasonably anticipated) as they would then have a duty to preserve such
messages going forward due to the attachment of potential evidentiary value.
The approach Earl's company is taking is one that I have taken in the past
and have advised clients to take as well (not all of them, but most of
them, based on their business and how they want and should use the service,
their litigation profile, etc.).
If a company does not have such a policy related to a service like Lync,
then they run the risk of it becoming yet another silo of potential record
content that must be wrangled out in the wild wild west of uncontrolled,
unstructured content. That can get very costly and is certainly risky.
Remember, defensibility in US litigation is tied to policies being
"reasonable" (for the situation the company finds itself in) and
constructed and acted upon in "good faith". If it can be demonstrated that
the policy to not save Lync messages was constructed for valid business
reasons - to mitigate unnecessary retention of transitory content - in the
normal course of business, and that employees were adequately
notified/trained on the subject, they should be just fine (then again, not
only am I not a lawyer, I'm most certainly not a judge ... <insert grain of
salt here, and a recommendation to call counsel and get their official
lawyerly opinion>).
Earl - did I characterize your company's stance on Lync appropriately?
Anyone else taking a similar, or completely different, approach to
behind-the-firewall IM services?
Cheers,
Julie
--
Julie J. Colgan, CRM
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